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,
[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 08th 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.
