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-110002
[Vested with powers of Civil Court under
the Rights of Persons with Disabilities Act, 2016]
Summons to appear u/s 82 of the RPwD Act,
2016
Case
No.106/1121/2018/02/6215-20 Dated:
19.03.2018
In the matter of:
Ms.
Simmi Chopra
B-123,
Amar Colony
Lajpat
Nagar, New Delhi -110004 .............Petitioner
Versus
The Medical Superintendent
Safdarjung Hospital
New Delhi -110029
...............Respondent No.1
The Medical Superintendent
Bhagwan Mahavir Hospital
Govt. of NCT of Delhi
Pitampura, Delhi -110034 ...............Respondent
No. 2
The Secretary
Health & Family Welfare Department
Govt. of NCT of Delhi
9th Level, A-Wing, I.P. Estate,
Delhi Secretariat
New Delhi -110002 ...............Respondent
No. 3
Date of Hearing: 09.03.2018
Present: Dr. Sanghamitra, Neurology
Department, Dr. Rahul Saha, Psychiatry Department, Dr. Diganta Borah, PMR
Department, Simmi Chopra, Complainant, Dr. Aman Pratap Singh, Paediatrics, BMH
Hospital
ORDER
The above named complainant
vide her email dated 11.02.2018 informed that she has been trying to get a
disability certificate for her son, Master Manith Chopra since 02.03.2017. The disability certificate is required for
his admission to a school which are likely to commence shortly. She further submitted that the family is the permanent
resident of Rani Bagh but they are residing at Amar Colony, Lajpat Nagar in a
rented house for the last two years as there are better facilities in South
Delhi.
2. She
got Master Manith assessed by National Institute for Intellectual Disability,
Noida and approached Safdarjung Hospital with the Aadhaar Card having Rani Bagh
address as address proof. As
per Government of NCT of Delhi notification, Bhagwan Mahavir Hospital,
Pitampura is the notified hospital for issuing disability certificate to the
residents of Rani Bagh. But that
hospital does not have a Psychiatrist.
So she was directed to IHBAS. As
the child has multiple disabilities, IHBAS could not issue disability
certificate.
3. Not
knowing what to do next, the complainant visited this court. It was observed that the Government
Notification does not preclude assessment and certification by a hospital in
whose jurisdiction a person is residing on temporary basis. Therefore, Dr. R.K. Wadhwa of PMR Department,
Safdarjung Hospital was contacted who advised the complainant to visit the
hospital with all the papers on 23.02.2018.
4.
It was observed that the complainant had been trying to get a disability
certificate for her son for nearly one year and had approached the Offices of
the Hon’ble Chief Minister, Dy. Chief Minister and Health Minister through
email. Her emails had also been
forwarded to Pr. Secretary and other officers of Health and Social Welfare
Department on 07.02.2018. It is also
observed that complaints about difficulty in getting disability certificates,
doubts about the jurisdiction of hospitals, unavailability of specialists,
doctors, etc. are often received by this
court.
5.
The complaint was taken up with the concerned authorities vide show-cause-cum
hearing notice dated 16.02.2018. The respondents were directed to submit their
versions by 28.02.2018 and to appear for hearing on 09.03.2018. The complainant was separately advised to
intimate this court the updates as she visits the hospitals/authorities to know
and understand the problems faced in obtaining the disability certificate.
6. M.S.
(MCH/Coord.), Bhagwan Mahavir Hospital vide her letter dated 28.02.2018
informed, “Master Manith Chopra, 3 years 6 month old reported in Bhagwan
Mahavir Hospital for issuance of Disability Certificate on 08.02.2018. The patient was examined in this hospital and
after the clinical assessment it was found that the patient is a case of
“Cerebral Palsy with Mental Retardation”.
As the Department of Neurology is not available in this hospital and as
per Gazette Notification No. 23, Parth IV, NCTD No. 240 dated 12th
February, 2014 (copy enclosed) for the patients of ‘Mental Retardation/illness and
other Neurological Disorders/ Cerebral Palsy etc.”Residing in East, North West
and North Districts of Delhi, Institute of Human Behaviour and Allied Sciences
(IHBAS) Delhi is notified as Medical Authority for issuing Disability
Certificate.
After discussing the
matter with Dr. Suman Kushwaha of IHBAS on 22.02.2018, the patient was referred
to IHBAS for issuance of Disability Certificate in respect of Master Manith S/o
Ms. Simmi Chopra, as the patient is resident of North West Delhi as per record.”
7. Safdarjung
Hospital, vide letter dated 5.3.2018 informed that the complainant may be
directed to attend the PMR-OPD with Master Manith on any working day between 9.00
a.m. to 11.30 a. m for getting disability certificate.
8. No
response was received from Secretary, Health and Family Welfare Department, the
Respondent No. 3.
9. During
the hearing on 09.03.2018, the complainant submitted that while adequate assistance/cooperation
was forthcoming at Safdarjung Hospital and she will also be getting the disability
certificate in a few days, she felt that the process of assessment and
certification of disability should be made friendly and streamlined especially
in respect of persons who have multiple disabilities. She also pointed out that it takes a lot of
time to get the OPD slip in various departments which is extremely difficult
for parents of such children.
10. Representatives from all the relevant Departments
of Safdarjung Hospital namely PMR, Neurology and Psychiatrist appeared and informed
that Master Manith Chopra has been assessed by the Paediatrics, PMR and
Psychiatry Department. He is likely to
be issued a disability certificate within a week by the Medical Record
Department (MRD). However, they
expressed that there is an urgent need for rationalisation of area wise
allocation of hospitals, ensuring availability of specialists and detailed
instructions about the essential documents required to be submitted and their
dissemination etc.
11. Dr.
Amar Pratap Singh, Specialist, Paediatrics of Bhagwan Mahavir Hospital
submitted that since Master Manith had multiple disability and there is no Psychiatrist in that hospital, he had to advise
the complainant to visit IHBAS as per the assigned jurisdiction for assessment
and issuance of disability certificate.
12. Oblivions
of the plight of the complainant and huge problems the hapless persons with
disabilities and their family members are facing in getting disability
certificates, none appeared on behalf of Secretary, Health and Family Welfare
Department, Government of NCT of Delhi, the nodal Department for the purpose. This
is a matter of serious concern which should be addressed by Principal
Secretary, Health on top priority. This
has happened despite the fact that this court vide order dated 05.03.2018 in Sh.
B.G. Sarkar V/s Medical Superintendant, IHBAS has made detailed recommendations
to Health & Family Welfare Department to take appropriate action to
streamline the process of assessment and certification of disabilities as the
complainant in that case also had to suffer a lot and is yet to be issued a proper
disability certificate. The said recommendations are reproduced below: -
“(i) Department of Health and Family Welfare
is advised to convene a medical authority at JSS to assess and issue a
certificate of multiple disability in respect of Ms. Neeta Sarkar in Form-VI
within 30 days from the date of receipt of this order.
(ii) Residents of many localities are not
able to identify their district and the nominated hospital. It is often very confusing even for this
court to guide them properly. Some areas/districts
have more than two nominated hospitals. Therefore, a person should have the
choice to get the assessment and disability certificate from the nearest
notified hospital from his /her residence (not necessarily from the place of
permanent address)
(iii) A map demarcating the areas falling under
the jurisdiction of a nominated hospital should be uploaded in the websites of
Department of Health and Family Welfare, Department of Social Welfare and every
nominated hospital. Necessary
instructions in this regard to the concerned hospitals may be issued.
(iv) In case of shortage of specialists,
medical authorities for multiple disabilities may comprise doctors/experts from
other hospital(s) who may assemble at one hospital on given dates for
assessment of certification.
(v) Provision for link specialist from the
same or other hospital in case of unavailability of a specialist should be
made.
(vi) Camps in each district should be organised
regularly till all the persons with Disabilities have been issued the
disability certificates.
(vii) Clear instructions should be issued
/mentioned in the notification that the
treating hospital shall issue the disability certificate if the person is under
treatment for the condition.”
13. The complainant vide her email dated
15.03.2018 informed that Safdarjung Hospital has issued a certificate of 77%
disability (Multiple disability) in respect of Master Manith on 14.03.2018. As advised, she has also emailed the account
of her experience in getting the disability certificate for her son which is
reproduced below:
“There is no clear listing of hospitals of your area &
whatever information is available online is outdated & it keeps on
changing, so we had to visit 7 hospitals post which we were able to find out
the hospital designated for our area, as each hospital kept on redirecting us
to others.
At last we found that Vardhman Mahavir Hospital
(Safdarjung) is the one who issues certificate for Amar Colony. Thereafter1 it
has been a harassing process and there is no clear conclusion in sight. My
husband I have had to take leave from work for the past month. My child -
whether he is sick or not has to be subjected to this repeated trauma. Nobody
has the correct info and as he has had a brain MRI at birth he is always going
to need support. How does a 40% disability become relevant in his case? We are
worried that though there is a
quota in the school admission application we run the risk of missing it.
|
Day
|
Date
|
Location
|
Duration
|
Procedure
|
|
1
|
16-Jan-18
|
NIMH, Noida
|
8 hours
|
After getting guidance by Safdarjung Hospital, we visited NIMH
and were surprised to see Nobody is aware that we have to get an assessment
for the disability certificate. Again after waiting for 45 mins we took the
OPD slip and was informed that it will take couple of hours for the
assessment. We started the assessments at around 10.00 am in the morning with
our kid. There were 5 assessments including physical, speech, social,
psychological and social. It
was already 3.30 pm when we finished all the assessment expect the last one
which was the psychological assessment. The child was already half asleep in
our lap and suddenly the assessment trainee started asking the child
questions which he already answered in the previous assessment. When we told
them, the child is half asleep so they said to come again another day and do
the assessment again. That was really a harassment since we came around
9.00 in the morning and still no result.
|
|
2
|
17-Jan-18
|
NIMH, Noida
|
2 hours
|
We went again to the hospital and finally we got the assessment
done for our child which was one of the document which was to be submitted
for the final disability certificate.
|
|
3
|
18-Jan-18
|
Safdarjung Hospital, Safdarjung
|
1 hour
|
We went again to Safdarjung hospital and enquired about the
application that how can we get the certificate now since we have done the
assessment already and now is looking for a disability certificate. We were
told to come on Friday because that is the day the board consisting of panel
of doctors examine and release the certificate. On enquiring about the
timing, we were informed to come by 9.00 in the morning.
|
|
4
|
19-Jan-18
|
Safdarjung Hospital, Safdarjung
|
2 hours
|
We went on the following Friday assuming this would be the last
step of getting our certificate. We went inside so first the staff said you
have come very early for the board. The board will sit after lunch. The
lady of the staff asked for our documents, after showing our documents which
included birth Certificate of the child, Aadhar Card, Parents Aadhar Card and
rent agreement (we are on rent at Amar Colony, Lajpat Nagar). The lady of the
staff denied to present our case to the board, asking the reason we were
shocked and scattered that we are at a rented place so we need to go to the
hospital near to our permanent address. Now that was really shocking! We
immediately went to the doctor (the head of PMR) cabin who agreed to issue
the certificate earlier. He also denied now and told us to go to Ambedkar
Hospital near Rohini. After losing all our hopes, we went to Ambedkar
Hospital again to start the process but first to understand their
process.
|
|
5
|
22-Jan-18
|
Ambedkar Hospital, Pitampura
|
2 hours
|
We went to Ambedkar Hospital and there we again started up with
taking the OPD slip. After meeting the doctor we came to know that this
hospital can only make certificate by means of the mental assessment done at
NIMH. They will not do any physical assessment of the child. We told them
that this is the case of physical and mental disability both. So they sent us
to Bhagwan Mahavir Hospital to get the physical and mental assessment both
with certificate.
|
|
6
|
06-Feb-18
|
Bhagwan Mahavir Hospital, Pitampura
|
4 hours
|
We went to Bhagwan Mahavir Hospital, after taking the OPD slip
we went to the Disability Counter. There they denied making the certificate
because they said they do not have any Neuro pediatrician. They
referred us to IHBAS wherein they said to again do the mental assessment. I
requested them to take the NIMH report which is the same assessment report
but from a central government hospital. They strictly denied. I went to the
Medical Superintendent. I requested her to accept the same report from NIMH
but she denied and said we will only accept the Delhi government certificate
/ assessment report.
|
|
7
|
09-Feb-18
|
Email
|
|
We launched a complaint to respected CM sir about what we are
facing.
|
|
8
|
12-Feb-18
|
IHBAS, Dilshad Gardern
|
6 hours
|
I went to IHBAS to do the same assessment again which I did in
NIMH. They did not encouraged to make the report since it is a central
government report and we have to the same assessment of the child again. They
said to give the appointment but I requested that since the test is the same
so why u want to again assess the child. They accepted the NIMH report and
based on the same report they gave me the report on IHBAS letterhead. On the
same day, I went to Mahavir thinking that my problems are solved now. I met
with the MS and told her that please suggest the next procedure and let me
know what are the next steps. She said she doesn’t know the procedure and the
doctors are not available today. So suggested me to come again.
|
|
9
|
14-Feb-18
|
Bhagwan Mahavir Hospital, Pitampura
|
3 hours
|
I went again to the doctor and firstly the staff sitting outside
said that I am not allowed to enter till the time I do not get the current
date on the OPD slip. I again waited for 2 hours to get the date on my OPD
slip. When I got the current date in the OPD, the doctor went on a meeting
and was not available.
|
|
10
|
20-Feb-18
|
Bhagwan Mahavir Hospital, Pitampura
|
4 hours
|
This time I went to the MS as I got a call from the Nodal
officer to go and speak to her. She referred me to another doctor since the
same doctor was again not available. The next doctor referred me
to a physiotherapist now to get the physical assessment done for my child.
When I asked them that I have already done the mental assessment from IHBAS,
so now why again the hospital has to do physical assessment. They said it’s
the procedure. I also requested them that I have my child today with me so if
they can do it now. They said it is only done my appointment basis. So we
have to visit on Thursday.
|
|
11
|
22-Feb-18
|
Bhagwan Mahavir Hospital, Pitampura & Commisioner office, Mata
Sundari Lane
|
6 hours
|
We went to the hospital at 9.00 am in the morning and started
with physical assessment as advised by the doctor on 20-02-18. It took around
1 hour to do the assessment. After getting the assessment done, we again went
to the same paediatrician and he denied making the certificate stating that
the hospital doesn’t have nuero paediatrician. We went to meet MS
and asked her if she could help as she was the one who called us today without
any delay to make our certificate. She called the team of doctors and went
into a meeting. After 2 hours, we were called at the MS office. The MS said
she has just enquired and our certificate will be made by IHBAS. She also
took an appointment for us in IHBAS for further process.
We, the suffered parents called the deputy commissioner for the persons with
disability and told us our story. He immediately called us to his office. We
went to his office and told him the whole process which we have gone through.
He noted our details and sent us to the commissioner for persons with
disability. We went there and met the commissioner. As we already emailed our
case to him earlier, he recognised us. He told us that he has noted the case
already and we have a hearing on 9th March 2018. Meanwhile he also called
IHBAS to understand if we could get the certificate from there. IHBAS doctors
also said the same thing that they do not have paediatrician who can make the
certificate. By the help of commissioner, we were arranged to meet doctor in
Safdarjung for our certificate the next day.
|
|
12
|
23-Feb-18
|
Safdarjung Hospital, Safdarjung
|
5 hours
|
Today at 9 in the morning we went to Safadarjung and met the
person allotted by the commissioner for our case. He made the OPD slip for us
and we met the doctor of PMR department. He said we have to undergo checkups
with paediatrician, psychiatric department then they will take our papers for
further process. We have been given a time for Wednesday 130pm for next
checkups.
|
|
13
|
28-Feb-18
|
Safdarjung Hospital, Safdarjung
|
1 hour
|
Today
we were called at around 130pm, we went at the hospital but due to strike in
the hospital the hospital was locked from inside and no one was suppose to go
inside. We were not able to contact anyone.
|
|
14
|
14-Mar-18
|
Safdarjung Hospital, Safdarjung
|
3 hours
|
The
board checked Manith Chopra, and we waited for 2 hours to get the
certificate. We were informed that certificate has been made but the doctor
has forgotton his stamp. So they have called us tommorrow again to take the
certificate.
|
|
15
|
15-Mar-18
|
Safdarjung Hospital, Safdarjung
|
1 hour
|
Finally
we have got the certificate, thanks to you sir for making it happen.”
|
14. In light of the issues that have come to
fore in this case and other cases, it is once again recommended that Pr.
Secretary, Health and Family Welfare should take immediate action and issue detailed
guidelines and directives on the process of assessing and issuing of disability
certificates by various hospitals/certifying authorities in the NCT of Delhi so
that persons with disabilities and their family members are able to get the
disability certificates within the time frame prescribed in the Rules and they
are not harassed. It is important to do so on top priority as the admissions to
schools in Delhi have already started and in a few months, admission to
colleges and universities will also commence and many young people with
disabilities would approach the hospitals for certificate of disability.
15. This court be informed of the action
taken on the above recommendations within 3 months from the date of receipt of
this order as required under Section 81 of the Rights of Persons with
Disabilities Act, 20 16.
16. The complaint is disposed off
accordingly.
17. Given under my hand and the seal of the
Court this 19th day of March, 2018.
(T.D. DHARIYAL)
State
Commissioner for Persons with Disabilities
Copy
to:
1. Pr. Secretary, Department of Health and Family
Welfare, Government of NCT of Delhi, 9th Level, Delhi Secretariat,
I.P. Estate, New Delhi -110002.
2. Secretary, Social Welfare Department, GLNS Complex,
Feroze Shah Kotla Ground, Delhi Gate, New Delhi -110002, for information and
necessary action.
