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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case
No. 35/1141/2017/11/5904-09 Dated:
05.03.2018
In the
matter of:
Mr.
B.G. Sarkar
F/o
Ms. Neeta Sarkar
D-370,
Indra Park,
Najafgarh,
Delhi -110043 ..............Complainant
Versus
The
Medical Superintendent
Institute
of Human Behaviour and Allied Sciences
(IHBAS),
GNCT of Delhi
Dilshad
Garden,
New
Delhi -110095 ............Respondent
Case
No. 62/1121/2017/12/ Dated:
In
the matter of:
Mr.
B.G. Sarkar
F/o
Ms. Neeta Sarkar
D-370,
Indra Park,
Najafgarh,
Delhi -110043 ..............Complainant
Versus
The
Medical Superintendent
Janakpuri
Super Specialty Hospital
C-2/B,
Janakpuri
New
Delhi -110058 ............Respondent
Date
of Hearing: 22.02.2018
Present:
Sh. B.G. Sarkar, Dr. Kirti Sharma Sr. Resident
(Psychiatry), IHBAS, Mohd. Shoaib, MRT, IHBAS
ORDER
In
the above mentioned cases the complainant vide his complaint dated 6.11.2017
and 27.11.2018 alleged that his daughter, Ms. Neeta Sarkar, a person with
mental illness was not administered proper treatment by the Doctors of IHBAS. He also requested for issuance of a
disability certificate for her due to neurological disorders by Janakpuri Super
Specialty Hospital (JSSH). The
complaints were taken up with IHBAS vide notice dated 28.11.2017 and with JSSH
vide notice dated 18.12.2017.
2. IHBAS in case no. 35/1121/2017/11/ vide
letter dated 18.12.2017 submitted,
“Ms.
Neeta Sarkar was recently admitted in Department of Psychiatry as in-patient on
04.07.2017 for the management of her psychiatric illness, which exacerbated due
to poor compliance/adherence to medications (As reported by Mr. B.G. Sarakar,
father of patient, she was refusing to take medications at home). She was provided appropriate medications
during hospitalization and the psychiatric symptoms improved significantly during
hospital stay.
For
the complaint of Headache associated with nausea she was managed as per the
consultation taken from Department of Neurology, IHBAS on 31.07.2017,
01.08.2017 and 09.08.2017. The diagnosis
of Migraine with aura was made after due assessments and evaluations and the
appropriate treatment was started. She
was discharged on 22.08.2017 subsequent to significant clinical improvement in
her psychiatric as well as Neurological condition, with an advice to follow up
in Neurology and Psychiatry OPD. The
relevant investigations like CT and MRI were done which were normal”.
The
Janakpuri Super Specialty Hospital in case No. 62/1121/2017/12 vide their letter
dated 30.12.2017 submitted Janakpuri Super Specialty Hospital is dedicated to
issue Disability Certificate for residents of West Delhi as per Notification
No. F.No. 82 (265)/AD-III/Amendment PwD Act/DSW/09/18340-358 dated 12.02.2104
which is enclosed herewith. If any
resident belongs to West Delhi, Janakpuri Super Specialty Hospital welcomes
for disability certification. As
complainant is a resident of South West Delhi (copy of address enclosed) and it
was advised to refer Notification No. F. No. 82(265)/AD-III/Amendment/PwD Act/DSW/09/18340-358
dated 12.02.2014 for allocation of her district of Delhi and
respective hospital for issuing of Disability Certificate.”
3. As the complainant was not satisfied
with the replies in both the cases, a hearing was scheduled on 22.02.2018.
4. During the hearing, the complainant reiterated
his written submissions and added that it is practically impossible for him to
take his daughter for psychiatric treatment to IHBAS which takes him about 4
hours to reach the hospital.
Similarly, VMMC and Safdarjung
Hospital which has been notified for issuing disability certificate for mental
retardation/mental illness and other neurological disorders and cerebral palsy
etc. in respect of residents of South –West District vide Department of Social
Welfare Notification No. 82 (265)/AD-III/AmendmentPWD Act/DSW/09/18340-358
dated 12.02.2014 is also very inconvenient.
The disability certificate should be issued by the hospital where the
patient is being treated. In this case,
his daughter should be issued disability certificate on account of neurological
disorders by JSSH.
5. The representatives of IHBAS explained
the procedure for admission and treatment of a patient who is brought to the
emergency. In case of Neeta Sarkar, it
was observed that as per the record maintained in her patient record file which
was produced by them for perusal, on 4.07.2017, she was examined by Dr. Anita
Sharma, Sr. Resident (Psychiatry) at 12.00 and was advised some medicines at
12.30 p.m. They also produced the original initial assessment recorded by Dr.
Anita Sharma. It is however, difficult to ascertain at this
stage whether the examination or the treatment that was administered to Ms
Neeta Sarkar was appropriate or not.
6. The complainant also submitted that it
took lot of time to get the MRI report from IHBAS. Director, IHBAS may look into this aspect and
see if there is a need to modify the existing procedure.
7. The issue of treatment of persons with
mental illness or with other disabilities requiring specialised treatment and
care and issuance of disability certificate in general and to Ms. Neeta Sarkar in
particular, needs a proper examination and an in depth examination. There is a need to reconsider allocation of
the areas to various hospitals for assessment and certification of disabilities
to make it most convenient to persons with disabilities and their families.
8. While examining the request of the complaint
to issue a disability certificate due to neurological disorder to Ms. Neeta
Sarkar, it was observed during the course of hearing that disability
certificate for mental illness was issued by IHBAS on 3.11.2016 with the
recommendation for reassessment of her disability after two years and the said certificate
is valid upto 21.02.2018. Thereafter,
she was issued one more disability certificate on 29.01.2018 for 50%
intellectual impairment which is valid upto 28.01.2020 as the condition is
likely to improve. Disability due to
neurological disorder is yet to be assessed.
9. As Ms. Neeta Sarkar is suffering from
more than one disability, she should be assessed by a medical authority for
multiple disability and should be issued a single certificate of disability in
Form -VI prescribed for the purpose in the Rights for Persons with Disabilities
Rules, 2017 notified by Ministry of Social Justice Empowerment, Department of
Empowerment for Persons with Disabilities.
10. In light of the issues arising out of the
cases at hand and the observation of this court during the course of handling other
complaints, the following recommendations are made for implementation:
(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 disability 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.
11. A copy of this order is being marked to Pr.
Secretary (Health and Family Welfare), Government of NCT of Delhi to consider
the above recommendations and submit an action taken report to this court
within three months from the date of receipt of this order as required under
Section 81 of the Act.
12. The
complaints are disposed off.
13.
Given
under my hand and the seal of the Court this 05th day of March, 2018.
Encl: As above
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
Copy
to:
1. Principal Secretary, Department of
Health and Family Welfare, GNCT of Delhi for action on the recommendations in
para 10 of the order.
2. Secretary,
Department of Social Welfare, GNCT of Delhi for information and necessary
action.
