Karan Bhatia Vs. Secretary cum Commissioner, Deptt of Revenue & 2 Ors. | Case No.904/1111/2019/05/3537-3540 | Dated:16.07.2019

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-110002

Phone: 011-23216003-04, 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.904/1111/2019/05/3537-3540                    Dated:16.07.2019

In the matter of:

Sh. Karan Bhatia,

G-203, Sidh Apartment,

Plot No.107, I.P. Extension,

Patpargang, Delhi-110092.                           .………..Complainant

Versus

The Secretary –cum- Commissioner

O/o. the Divisional Commissioner,

Department of Revenue,

5, Sham Nath Marg,

Delhi-110054                                                         …………..Respondent 1

The District Magistrate (East)

L.M. Bund, Shastri Nagar,

Delhi-110031                                                         …………..Respondent 2

The Sub Divisional Magistrate (East),

Pusta Road, Geeta Colony,

Delhi-110031                                                         …………..Respondent 3

SPECIMEN

ORDER

Sh. Karan Bhatia on behalf of his father Sh. Kamal Kant Bhatia, a person with disability, has filed a complaint vide e-mail dated 14.05.20419 which was registered in L.G Listening Post Portal and received from the office of the Divisional Commissioner, Delhi (Respondent No.1) vide letter dated 20.05.2019 under the Rights of Persons with Disabilities, Act 2016, here in after referred to as the Act.  He had also sent e-mails to the Office of Hon’ble Prime Minister, India, Chief Minister, Deputy Chief Minister, Law Minister, Divisional Commissioner, GNCT of Delhi.  Vide his e-mail dated 14.05.2019 submitted that his father had a brain stroke in 2008, 2011 and 2018. After prolonged treatment, he is bed ridden and has lost his speech.  He further submitted that he alongiwth his father visited the SDM(East) Office to get the will of his father registered alongwith GPA.  Though GPA was registered but will was not registered and the Sub Registrar did not treat his father properly and with dignity as his father was/ is unable to speak properly. The Sub Registrar did not make enough efforts to ascertain the provisions of the law and to understand what his father was trying to say.  The complainant further alleged that the officials made his father feel miserable, hurt and embarrassed because he could not speak for himself.  The complainant requested that his father’s will be registered and he should be given an opportunity to speak what he wants.

2.       The matter was taken up with respondents vide Show Cause cum Hearing Notice dated 04.06.2019 and were directed to show cause why necessary documentation cannot be done by deputing officials at the residence.  It had also been decided to hold a hearing in the matter on 22.07.2019 under Section 82 of the Act. 

3.         Sub Registrar, VIII-A, East District, vide his letter dated 03.07.2019 responded to Show Cause cum Hearing Notice dated 04.06.2019 as under:-

“Sir,  

With reference to the notice to Show Cause-cum-hearing received from your good office which further forward from the Office of the Divisional Commissioner, Govt. of NCT of Delhi vide their letter No. F.1(9)/DC(HQ)/PGMS/2019/1273 dated 20/05/2019.  It is to stated that on 07/05/2019 two instruments in the name and style as GPA and will was presented in this office for registration, out of which the GPA was registered vide registration No. 381 dated 08/05/2019 as Executants had answered the basic of mandatory questions through his signed of consent, but during the course and presentation of will, the testator was not properly responding even through his sign of consent, but, during the course of presentation of will, the testator was not properly responding even through his sign of consent, hence, on being safer side, and for the shake of testator that whether he is free will or influence, the  undersigned did not allow the same for presentation/registration.  Further, on receipt of the instant Show Cause Notice, the undersigned after getting the formalities fulfilled for home presentation, reached to the house of the testator and presented the instrument on 27/06/2019 which further registered vide registration No. 377 on being satisfied with his sign of consent on the asked questions during presentation.

Now, the complaint of the complainant has been redressed and therefore it is requested to kindly withdraw the Show Cause Notice and the case may be file. 

Yours faithfully,

(Rakesh Kumar Meena)

Sub Registrar, VIII-A”

4.       The complainant was contacted on telephone on 15.07.2019 to check whether the concerned officers have registered his father’s will and he was satisfied with the action taken by the concerned authorities.  The complainant confirmed that the concerned officers visited his house and completed all the necessary formalities and registered his father’s will and he  and his father are satisfied with the action taken by the concerned officers.

5.       The above action of the concerned officer under the guidance of Secretary(Revenue)-cum-Divisional Commissioner is indeed positive and should be appreciated.  However, I reiterate the need for intensive as-well-as extensive sensitisation and capacity building programmes for the officers and staff of Govt. of NCT of Delhi, the Corporations and all other agencies/ organisations operating from NCT of Delhi on the issues relating to rights of persons with disabilities at regular intervals.

6.       The complaint is disposed of.

7.       Given under my hand and the seal of the Court this 16^th day of July, 2019.

(T.D. Dhariyal)
State Commissioner of Persons with Disabilities

Ms. Harjeet Gambhir Vs. DCP Shahdra | Case No. 4/1699/2017-WEL/CD/ 7736-38 | Dated: 08.06.2018

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. 4/1699/2017-WEL/CD/ 7736-38          Dated: 08.06.2018

In the matter of:

Ms. Harjeet Gambhir,

125, Pratap Khand, Vishwakarma Nagar,

Jhilmil, Shahdara,

Delhi – 110 095.                                                 ……….Complainant            

Versus

The Deputy Commissioner of Police,

Shahdara.

Delhi – 110 032.                                               …………Respondent

         

ORDER

      The above named complainant vide her complaint dated nil, presented before the State Commissioner on 21.08.2017, submitted that her husband expired and her only son, Aman Gambhir is a person with 40-70% mental illness (Schizophrenia).  Her neighbour, Sh. Ram Kishore and his family members residing at 123, Pratap Khand harass her son and also sometimes beat him up. She also submitted that the said persons have also threatened to kill Aman.  Her son was too scared even to come out of the house.  She further submitted that she had also filed a complaint earlier and she wants that her above mentioned neighbour and his family members do not harass them.   

  

2.   The complaint was taken up with the respondent under the Rights of Persons with Disability Act, 2016, hereinafter referred to as the Act,  vide notice dated 31.08.2017 bringing to the notice of the respondent the provisions under Sections 6, 7 and 89 to 92 of the Act.

3.   The respondent vide letter dated 3.10.2017 submitted as under:

“ an enquiry into the matter was got conducted through ACP/Vivek Vihar.  During enquiry, the statement of the complainant was recorded wherein she stated that her neighbour Ram Verma and his sons and daughter Rahul, Rohit and Anjali along with his wife Meena Verma used to threaten her son Aman and abused him.  Further she is wiling to keep them aside and do not want their interference.

During further enquiry, Ram Kishore and his family members were enquired wherein they stated that we are neighbours of Ms. Harjeet Gambhir whose only son Aman is mentally challenged and used to trouble them and in the same pretext his mother also trouble them.  She used to through the garbage in front of their house and disturb their sons and daughter.  Also, other neighbours of complainant, Naseem Ahmed and Parvez Khan stated that the same matter as stated by Ram Kishore Verma and his family members.  It is a dispute between both the neighbours and no cognizable offence is found to have occurred.  There is a possibility of breach of peace, preventive action vide DD No. 29 A dated 25.09.17 PS Vivek Vihar 107/50 Cr.PC is initiated made against both the parties”

4.   The complainant was contacted on telephone and informed about the contents of the report submitted by the respondent.  She informed that the situation has improved.  She however, submitted that she and her son should be provided necessary support by the police as and when required.

5.   It is reiterated that Section 6 of the Act inter-alia provides that the appropriate government shall take measures to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading treatment.  Section 7 of the said Act details specific measures for protecting from abuse, violence and exploitation and the action to be taken by a police officer who receives a complaint or otherwise comes to know of any abuse, voidance or exploitation.  The said Section is reproduced below:-

“7. (1) The appropriate Government shall take measures to protect persons with disabilities from all forms of abuse, violence and exploitation and to prevent the same, shall—

(a) take cognizance of incidents of abuse, violence and exploitation and provide legal remedies available against such incidents;

(b) take steps for avoiding such incidents and prescribe the procedure for its reporting;

(c) take steps to rescue, protect and rehabilitate victims of such incidents; and

(d) create awareness and make available information among the public.

(2) Any person or registered organisation who or which has reason to believe that an act of abuse, violence or exploitation has been, or is being, or is likely to be committed against any person with disability, may give information about it to the Executive Magistrate within the local limits of whose jurisdiction such incidents occur.

(3) The Executive Magistrate on receipt of such information, shall take immediate steps to stop or prevent its occurrence, as the case may be, or pass such order as he deems fit for the protection of such person with disability including an order—

(a) to rescue the victim of such act, authorising the police or any organisation working for persons with disabilities to provide for the safe custody or rehabilitation of such person, or both, as the case may be;

(b) for providing protective custody to the person with disability, if such person so desires;

(c)  to provide maintenance to such person with disability.

(4) Any police officer who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards any person with disability shall inform the aggrieved person of—

(a) his or her right to apply for protection under sub-section (2) and the particulars of the Executive Magistrate having jurisdiction to provide assistance;

(b) the particulars of the nearest organisation or institution working for the rehabilitation of persons with disabilities;

(c) the right to free legal aid; and

(d) the right to file a complaint under the provisions of this Act or any other law dealing with such offence:

Provided that nothing in this section shall be construed in any manner as to relieve the police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence.

(5) If the Executive Magistrate finds that the alleged act or behaviour constitutes an offence under the Indian Penal Code, or under any other law for the time being in force, he may forward the complaint to that effect to the Judicial or Metropolitan Magistrate, as the case may be, having jurisdiction in the matter.”

6.   The Act also provides for offences and penalties and the relevant Sections are also reproduced below:-

“89.  Any person who contravenes any of the provisions of this Act, or of any rule made thereunder shall for first contravention be punishable with fine which may extend to ten thousand rupees and for any subsequent contravention with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees.

92. Whoever,—

(a) intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view;

(b) assaults or uses force to any person with disability with intent to dishonour him or outrage the modesty of a woman with disability;

(c) having the actual charge or control over a person with disability voluntarily or knowingly denies food or fluids to him or her;

(d) being in a position to dominate the will of a child or woman with disability and uses that position to exploit her sexually;

(e) voluntarily injures, damages or interferes with the use of any limb or sense or any supporting device of a person with disability;

(f) performs, conducts or directs any medical procedure to be performed on a woman with disability which leads to or is likely to lead to termination of pregnancy without her express consent except in cases where medical procedure for termination of pregnancy is done in severe cases disability and with the opinion of a registered medical practitioner and also with the consent of the guardian of the woman with disability,

shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.”

7.   Office of the Commissioner of Police, Delhi vide Circular No. 28/2017 dated 25.10.2017 has also brought to the notice of all concerned in Delhi Police the provisions of the Act relating to the duties of police officers and the provision for offences and punishments for contravention/violation of any provision of the Act and has directed all the DCsP to take necessary action to make all the I.O.s aware of the provisions of the Act and to ensure its effective implementation.

8.   In light of the provisions of the Act and the situation of the complainant and her son, the respondent is advised to ensure that Sh. Aman Gambhir is not harassed/threatened/teased by any person and his rights are not infringed.  It is also recommended to organise awareness and sensitisation programmes among the members of civil society, if necessary, in consultation with the Social Welfare Department/District Social Welfare Officer concerned, Govt. of NCT of Delhi.

9.   The complainant may contact the concerned Police Station for assistance as and when required, who are expected to take appropriate measures to ensure that atrocities are not inflicted by anyone on Sh. Aman Gambhir and his rights are not infringed.

10.  The complaint is disposed off.

11. Given under my hand and the seal of the Court this 08^th day of June, 2018.    

(T.D. Dhariyal)

State Commissioner for Persons with Disabilities

                  Copy to :

The Secretary (Social Welfare), Govt. of NCT of Delhi, GLNS Complex, Delhi Gate, New Delhi – 110002, for extending necessary support in organizing awareness and sensitization programmes.

Shubhash Chandra Vs. DCP South West, Delhi Police | Case No. 73/1101/2018/01/7562-64 | Dated: 30.05.2018

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. 73/1101/2018/01/7562-64                                           Dated: 30.05.2018

In the matter of:

Sh. Shubhash Chandra (Complainant)

s/o Smt. Dhapa Devi (Victim)

E-18, Mansa Ram Park

Uttam Nagar,

New Delhi-110059                                                                            .……… Complainant     

Versus

Deputy Commissioner of Police

Distt-South West

Sec-19, Dwarka

New Delhi-110075                                                                              …...…Respondent

 

ORDER

                 The above named complainant vide his complaint dated 18.12.2017 submitted that his mother, Smt. Dhapa Devi, a person with 100% visual impairment lives in Plot No-E-18, Mansa Ram Park, Uttam Nagar, New Delhi-110059. There were two entries to the plot. However, one back side entry has been blocked. He requested Deputy Commissioner, South Delhi Municipal Corporation and D.C.P to open blocked backside street, but no action was taken. He also submitted that Sh. Ashok and Mittal’s tenants had kept a weight of 20 quintals on the roof of their house, due to which the house is getting damaged.

2.      The complaint was taken up with the respondent vide notice dated 04.01.2018 followed by reminders dated 13.02.2018

3.        Vide letter dated 07.02.2018, Sh. Shibesh Singh, Dy. Commissioner of Police, Dwarka submitted as under: “enquiry into the matter revealed that the complainant Smt. Dhapa Devi lives at H. No. E-18, Mansa Ram Park, Uttam nagar, New Delhi, which is a temporary house like a jhuggi (photographs enclosed). Her plot is covered from three sides and there is no main gate to her house. She is a senior citizen, aged about 90/95 years and residing with her unmarried son namely Sh. Shubhash, aged about 50 years. Both are mentally disturbed and of unsound mind. During local enquiry, statements of the neighbours have been recorded. There is no blockage in the street in front of the house of the complainant. As regards allegation of cracking of wall/roof due to 20 quintal weight kept by neighbours, the has been found to be false and baseless during enquiry. The complainant Smt. Dhapa Devi is bedridden due to old age and her son Sh. Shubhash is habitual of making such false and baseless complainant on behalf of his mother. Therefore, during enquiry the allegations levelled by the complainant could not be substantiated and does not disclose commission of any cognizable offence”.

4.         The complainant in his rejoinder dated 06.04.2018 submitted that the statement submitted by police is not true. He stated that Plot (size 32×43) No-E-18, Mansa Ram Park, was purchased by his father, Sh. Jaichand and a boundary wall (11 feet high) was made around the plot with two gates of 11 feet, toilet & bathroom and one temporary room. His house is in low lying area and the houses in C-Block are at higher level. That pushes the wall of this house and several cracks have developed in the house. Due to the twenty quintal weight on the adjutant house, their house has further been damaged.

 5.        The Deputy Commissioner along with a Welfare Officer of this Court were deputed to visit the site on 03.05.2018 and submit a report.

6.         During the inspection, Deputy Commissioner of this Court observed that Smt. Dhapa Devi (Age 90 years) was present at the plot and living in a temporary structure house in the Low lying area. The toilet was in dilapidated condition and there was no boundary. It has only one side boundary wall, which has been constructed in place of door which existed earlier. The open space was used as passage for Smt. Dhapa Devi and other community people and the students. The police in its report mentioned that there was no blockage in the street in front of the house of the complainant, but did not mention about the blockage of street on the back side which has been recently constructed forcibly by residents of C-Block (namely: Sh. Khajana Singh s/o Sanjay, Vicky, C-60, Mansa Ram Park, Uttam Nagar, New Delhi-110059, Sh. Rakesh, C-46, Mansa Ram Park, Uttam nagar, New Delhi-110059 and Vinay, C-54, Mansa Ram Park, Uttam Nagar, New Delhi-110059) as reported by Sh. Shubhash Chandra. There is no passage to go on the street / road, while it was open for public earlier. The family of Smt. Dhapa Devi used to go out through that passage which has now been blocked as is clear from the photographs submitted by the inspecting team.

7.         Considering the situation of Ms. Dhapa Devi and her son, it will be appropriate that the back side wall which was constructed by the residents forcefully, should be removed and a passage should be allowed for the occupants of the house. It is recommended that Commissioner, South D.M.C. direct the concerned officers to do the needful within 30 days from the date of receipt of the Order and submit a report to this Court as required under Section 81 of the Act.

8.         As regards allegation of cracking of walls due to twenty quintal weight by the neighbours, the same has not been substantiated. The expression “unsound mind” used for Sh. Shubhash Chandra and his mother Smt. Dhapa Devi in the letter dated 07.02.2018 of the respondent be avoided and sensitisation and awareness programmes for police functionaries may be organised.

9.         The complaint is disposed off in terms of the above recommendation.

10.       Given under my hand and the seal of this Court this 30^th day of May, 2018.     

           (T.D. Dhariyal )

                          State Commissioner for Persons with Disabilities

Copy to: Deputy Commissioner, South Delhi Municipal Corporation, South Zone, R.K. Puram, Sector 9, New Delhi, Delhi -110022. For action on the recommendation in Para-7 of the Order and submission of a report as required under Section 81 of the Rights of Persons with Disabilities Act, 2016.  

           (T.D. Dhariyal )

                          State Commissioner for Persons with Disabilities