SUO-MOTU regarding accessibility to Hospitals | Case No. 2552/1101/2022/04/5783-5846 | Dated: 30-06-2022

 In the Court of the 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-23216003-04,   Email : comdis.delhi@delhi.gov.in

Case No. 2552/1101/2022/04/5783-5846                        Dated: 30-06-2022

In the matter of :

SUO-MOTU regarding accessibility to Hospitals        ....Petitioner

Versus

As per enclosed list  (65 respondents)                       ..........Respondents

ORDER

        Several complaints were received in this Court wherein it was brought to the notice by several persons with disabilities about difficulty with respect to ‘Accessibility’ to hospitals in NCT of Delhi for receiving treatment/healthcare. There are many obstructions/barriers/ encroachments by squatters/ vendors/ illegal parking etc. at the entrance of several hospitals. Local Bodies, Local Police and Traffic Police besides the hospital authorities are responsible for providing easy and safe accessibility to PwDs as per the RPwD Act, 2016 which is also true for general public mainly for senior citizens, women and children.

2. Section 25(1)(b) of the RPwD Act, 2016  mandate that the appropriate Government and local authorities shall take necessary measures for the PwDs to provide “barrier-free access in all parts of Government and private hospitals and other healthcare institutions and centres.”  

3. It is the duty of all the road owning agencies, traffic police and local police including the hospital authorities to make entrance to all hospitals encroachment free including removal of all illegal parking.  All entry and exit points of hospitals have to be declared “No Hawking and No Vending zones with Zero Tolerance towards any type of blockage to accessibility. 

4. It has been often seen that  in and around of several hospital premises, besides entrances are crowded/blocked with relatives, caregivers and attendants of patients who are unable to afford boarding and lodging being poor or from the BPL category.   

5. Section 80 (b) of the Act provides that State Commissioner shall  inquire, suo motu or otherwise deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the State Government is the appropriate Government and take up the matter with appropriate authorities for corrective action.

6. A suo motu cognizance was taken under Section 80 of the Act and the respondents were accordingly directed to show cause vide notice dated 04.07.2022 followed by reminders dated 11.05.2022 and 27.05.2022 as to why the existing built environment meant for public use in the National Capital Territory of Delhi should not be made fully accessible and made completely encroachment free for persons with disabilities as mandated in the Act, the Rules and the guidelines.  

7. Inspite of reminders, some authorities/hospitals did not respond which includes the civic authorities like MCD, PWD.  This Court has taken a very serious view of it.  Attention of all concerned is invited to Provision of Section 93 of the Act which is reproduced below:-

93. “Whoever, fails to produce any book, account or other documents or to furnish any statement, information or particulars which, under this Act or any order, or direction made or given thereunder, is duty bound to produce or furnish or to answer any question put in pursuance of the provisions of this Act or of any order, or direction made or given thereunder, shall be punishable with fine which may extend to twenty-five thousand rupees in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to one thousand rupees for each day, of continued failure or refusal after the date of original order imposing punishment of fine.”

8. In response to the instant Suo Motu & show cause notice, most of the hospital authorities have responded that Accessibility for PwDs inside the hospital premises  are being maintained and various other services are also being provided to facilitate PwDs.  Helpers also have been deputed on the entry/exit gates of the hospital to help the PwDs.  However, with respect to encroachment on footpaths in front of the hospitals and surrounding areas of the hospital, civic authorities/police authorities are responsible to remove it and the hospital authorities  are continuously writing to these authorities for removing the illegal encroachment.  Concerned civic authorities and police authorities have been repeatedly requested to  remove illegal squatters/vendors.

9. Police/Traffic Police authorities replied that during last year i.e. in 2021, a total 14,617 e-challans & 34,729 VoCA(Violation on Camera App.) notices were issued and during current year, 4096 e-challans and 11,700 VoCA notices were issued till 20.04.2022 against the violators in front of  Essential Service i.e Primary Health Centres, Civil Hospitals, Schools, Railway Stations and Bus Stops . The Road Safety programmes for sensitising other stakeholders like Bus- Drivers, commuters, students and other road user etc. regarding the captioned matter would be done by the Road Safety Cell of Delhi Traffic Police. Further, Delhi police Including Delhi Traffic Police will ensure that accessibility of the Persons with Disabilities would be barrier free. Moreover, it is pertinent to mention here that Delhi Police regularly writes letters to Civic Agencies to remove encroachment from the footpaths and carries out Joint Drives on regular basis for removal of encroachment.

10. This court did carry out survey of some of the hospitals and it was observed that entrance and exist points were not fully accessible and the footpaths around the hospitals were encroached by vendors and hawkers etc. and vehicles were also parked on the footpaths, blocking right of way for PwDs  & others as well.   

11. It is also brought to the notice of all that In pursuance of the provisions of the above-mentioned Sections, Department of Law, Justice & Legislative Affairs, vide notification No.1/19/2018-Judl/.Supdtlaw dated 19.08.2019, has designated the Court of Additional Sessions Judge-02 in each District within the jurisdiction of Delhi as Special Court to try the offences under the RPwD Act, 2016.  Also, Department of Home, vide notification No.8/237/2019/HP-II/4610-4623 dated 28.11.2019, had conferred the powers of Special Public Prosecutor under the Act upon each of the Additional Public Prosecutors attached with the Courts of ASJ-02/Special Courts/Designated Courts, designated as Special Public Prosecutor to deal with cases under RPwD Act, 2016.  

12. It is stressed that accessibility is one the major components of the RPwD Act, 2016 which needs to be implemented in true letter and spirit.  The implementing agencies should work towards this aspect diligently and in a time bound manner.  

13. There is no doubt that Civic Agencies have to play the most vital role in making this  barrier and encroachment free environment for Persons with Disabilities in a time bound manner.  Keeping in view the replies by the hospital authorities and the current state of affairs on ground zero, following recommendations are made:- 

(i) Implementing the “Accessibility aspect with reference to RPwD Act, the Civic authorities need to refresh the time line, as earlier one fixed on 15th June 2022, has expired.  It is felt that an extension of 45 days i.e. 30th July 2022 should be the effective date vide which all civic bodies, MCD, PWD, NDMC, Delhi Cantonment Board, DUSIB etc. are not confirm compliance to this Court. It is to make sure that all encroachments are removed from the approach roads and entrance of all the Hospitals in NCT of Delhi and thereafter this exercise need to be repeated for all public places such as markets, Malls, Cinema Halls, Places of Worship etc.

 (ii) Inspections at random shall be carried out by SCPD to assess the accessibility outside hospitals and removal of encroachments.  Deputy Commissioner of the concerned District of MCD will organize the joint inspection at appropriate places at the given date, time & place by this Court. He will personally ensure the presence of the concerned Ex, Engineer, AE, JE of MCD/PWD, SHO, Traffic Police personnel and other concerned authority at the inspection spot.

 (iii) The area/footpath etc. outside Hospital is to be taken care by civic authorities but at the same time, Hospital authorities should continuously monitor the work for barrier free accessibility to PwDs in respective hospitals.

(iv) Hospital authorities apart from writing to civic authorities should follow up them regularly to keep the Hospital entrance and exit encroachment free at all times, through security guards of the hospitals to facilitate the PwDs.

(v) Department of Social Welfare/DUSIB should try to increase the number of Rain Baseras and should also explore the possibility of shifting the people from around the Hospital premises to the Rain Basera. DUSIB should help people with proper accommodation, toilets etc. and area should also be earmarked for charity (Food Distribution).  They should also try to make a temporary arrangement for stay for the attendants/ caregivers/relatives of the patients admitted in the hospitals. 

13. This court be informed of the action taken by all the concerned respondents within 3 months from the date of receipt of this order as required under Section 81 of RPwD Act, 2016.  

14. Given under my hand and the seal of the Court this 4th  day of June, 2022. 

  (Ranjan Mukherjee)

                             State Commissioner for Persons with Disabilities

List of Respondents in Case No. 2552/1101/2022/04 

1. The Commissioner of  Police, GNCT of Delhi, 2nd Floor, MSO Building Police Headquarter, ITO Delhi-110002

2. The Special Commissioner of Police (Traffic), 3rd Floor, Tower-1, Delhi Police Headquarters, Jai Singh Road, New Delhi – 1100001. (Email-     splcp-traffic-dl@nic.in).

3. The Commissioner, South Delhi Municipal Corporation, 9th Floor, Dr. S.P.M. Civic Centre, JLN Marg,New Delhi -110002.

4. The Commissioner ,North Delhi Municipal Corporation, 4th Floor, Dr. S.P.M. Civic Centre, JLN Marg, New Delhi -110002

5. The Commissioner, East Delhi Municipal Corporation,419, Udyog Sadan, Patparganj Industrial Area, Delhi -110096

6. The Chief Executive Officer, Delhi Urban Shelter Improvement Board, GNCT of Delhi, Punarwas Bhawan, I.P. Estate, New Delhi-110002. 

7. Engineer-in-Chief, PWD, 12th Floor, MSO Building, I. P.Estate, New Delhi: 110002.

8. The Medical Superintendent / Director, Aruna Asaf Ali Govt Hospital, 5, Rajpur Road, Govt of NCT of Delhi,  Delhi -110054.

9. The Medical Superintendent / Director, Acharyaashree Bhikshu Hospital, Moti Nagar, Delhi 110015.

10. The Medical Superintendent / Director, Attar Sain Jain Hospital, Lawarence Road, New Delhi 110035

11. The Medical Superintendent / Director, Dr Baba Saheb Ambedkar Hospital, Govt of NCT of Delhi, Sector-6, Rohini, Delhi 110085.

12. The Medical Superintendent / Director, Bhagwan Mahaveer Hospital H-4, 5 Pitam Pura, Delhi 110034.

13. The Medical Superintendent / Director, Babu Jagjivan Ram Hospital Jahangir Puri, New Delhi 110033

14. The Medical Superintendent / Director, Central Jail Hospital Jail Road, Hari Nagar, New Delhi 110064

15. The Medical Superintendent / Director, Chacha Nehru Bal Chikitsalaya Govt of NCT of Delhi, Geeta Colony, New Delhi 110031.

16. The Medical Superintendent / Director, Dadadeb Mother & Child Hospital Nasirpur near Dabrimore Janakpuri, New Delhi 110018.

17. The Medical Superintendent / Director, Deen Dayal Upadhyay Hospital Hari Nagar, New Delhi 110064.

18. The Medical Superintendent / Director, Delhi State Cancer Institution Dilshad Garden Delhi 110095.

19. The Medical Superintendent / Director, Dr Hedgewar Arogya Sansthan Karkardooma, Delhi 110032.

20. Medical Superintendent / Director, Dr N.C.Joshi Hospital Joshi Road, Karol Bagh, New Delhi 110005

21. The Medical Superintendent / Director, Guru Nanak Eye Center  Maharaja Ranjit Singh Marg, New Delhi 110002

22. The Medical Superintendent / Director, Govind Ballabh Pant Hospital(G.B.P.H) Jawahar Lal Nehru Marg, Delhi 110002

23. The Medical Superintendent / Director, Guru Govind Singh Govt Hospital Raghubir Nagar, New Delhi 110027

24. The Medical Superintendent / Director, Chaudhary Brahm Prakash Ayurved Charak Sansthan Vill. Khera Dabar, Najafgarh, New Delhi 110073.

25. The Medical Superintendent / Director, Nehru Homeopathic Medical College B- Block, Defence Colony, New Delhi-24

26. The Medical Superintendent / Director, B.R.Sur Homeopathic Medical College Nanakpura, Moti Bagh, New Delhi 110021.

27. The Medical Superintendent / Director, Ayurvedic & Unani Tibbia College & Hospital Ajmal Khan Park, Karol Bagh, New Delhi-110005.

28. The Medical Superintendent / Director, Health Centre Cum Maternity Hospital Kanti Nagar, New Delhi 110051.

29. The Medical Superintendent / Director, Jag Parvesh Chander Hospital Shastri      Park, New Delhi 110031

30. The Medical Superintendent / Director, Sanjay Gandhi Memorial Hospital Mangol Puri, New Delhi 110083

31. The Medical Superintendent / Director, Satyawadi Raja Harish Chandra Hospital Narela, New Delhi 110040

32. The Medical Superintendent / Director, Sardar Vallabh Bhai Patel Hospital Govt of N.C.T of Delhi, East Patel Nagar,  Delhi 110008

33. The Medical Superintendent / Director, Rao Tula Ram Memorial Hospital Jaffar Pur, New Delhi 110073

34. The Medical Superintendent / Director, Rajiv Gandhi Super Speciality Hospital Govt of N.C.T of Delhi, Tahirpur, New Delhi 110064

35. The Medical Superintendent / Director, Poor House Hospital Beggers Home G.T.B Nagar, New Delhi 110009

36. The Medical Superintendent / Director, Maulana Azad Institute of Dental Sciences M.A.M.C.J.L Nehru Marg, New Delhi 110002

37. The Medical Superintendent / Director, Pt. Madan Mohan Malviya Hospital Malviya Nagar, New Delhi 110017

38. The Medical Superintendent / Director, Maharishi Balmiki Hospital Pooth Khurd, New Delhi 110039

39. The Medical Superintendent / Director, Lok Nayak Hospital Jawahar Lal Nehru Marg, New Delhi 110002

40. The Medical Superintendent / Director, Lal Bahadur Shastri Hospital(L.B.S) Khichri Pur, New Delhi 110091

41. The Medical Superintendent/Director, Janakpuri Super Speciality Hospital C-2B, Janakpuri,  New Delhi 110058

42. The Medical Superintendent / Director, Institute of Human Behaviour and Allied Sciences (I.H.B.A.S) Shahdara, New Delhi 110095

43. The Medical Superintendent / Director, Institute of Liver and Biliary Sciences(I.L.B.S) Vasant Kunj, New Delhi 110057

44. The Medical Superintendent / Director, Guru Teg Bahadur Hospital(G.T.B.H) Shahdara, New Delhi 110095

45. The Medical Superintendent / Director ,Maharishi Valmiki Infectious Diseases Hospital (MVID), Kingsway Camp, New Delhi-110009.

46. The Medical Superintendent / Director, Rajan Babu Institute of Pulmonary Medicine & Tuberculosis, Guru Teg Bahadur Nagar, Kingsway Camp, New Delhi – 110009.

47. The Medical Superintendent / Director, Hindu Rao Hospital, Malka Ganj, Delhi-110007.

48. The Medical Superintendent / Director, Kasturba Hospital, Near Jama Masjid, Daryaganj, Delhi-110002

49. The Medical Superintendent / Director, Girdhari Lal Maternity Hospital Ajmeri Gate, Near Police Station, Kamla Market Delhi - 110006 

50. The Medical Superintendent / Director, Swami Dayanand Hospital, Shahdara North Zone,  C-Block, Dilshad Garden, Delhi- 110095

51. The Medical Superintendent / Director, Shyama Prasad Mukjerjj Chest Hospital, 146, Patparganj Rd, Patparganj, MayurVihar, New Delhi, Delhi 110091

52. The Medical Superintendent / Director, PoornimaSethi Multi Speciality Hospital, Dd Block, Kalkaji Road, Kalkaji, near Nehru Place Sub Post Office, New Delhi, Delhi 110019

53. The Medical Superintendent / Director, SDMC Lajpat Nagar Colony Hospital, Veer Savarkar Marg, Block L,  Lajpat Nagar II, Lajpat Nagar, New Delhi, Delhi 110024

54. The Medical Superintendent / Director, SDMC's Mata Gujri Hospital, Tilak Nagar, New Delhi-110018.

55. The Medical Superintendent / Director, Safdarjung Hospital, Ansari Nagar East, near to AIIMS Metro Station, New Delhi, Delhi 110029

56. The Medical Superintendent / Director, PGIMER Dr. Ram ManoharLohia Hospital, Baba Kharak Singh Rd, near Gurudwara Bangla Sahib, Ram Manohar Lohia Hospital, Type III, Connaught Place, New Delhi-110001

57. The Medical Superintendent / Director, Lady Hardinge Medical College & Smt. SuchetaKriplani Hospital Shaheed Bhagat Singh Marg,  DIZ Area, Connaught Place, New Delhi, Delhi 110001

58. The Medical Superintendent / Director, Kalawati Saran Children’s Hospital, C- 604, Connaught Circus, Bangla Sahib Rd, DIZ Area, Connaught Place, New Delhi, Delhi 110001

59. The Medical Superintendent / Director, National Institute of Tuberculosis and Respiratory Diseases, Sri Aurobindo Marg Near Qutub Minar, Mehrauli, New Delhi, Delhi 110030

60. The Medical Superintendent / Director, All India Institute of Medical Sciences (AIIMS), Sri Aurobindo Marg, Ansari Nagar, Ansari Nagar East, New Delhi, Delhi 110029

61. The Medical Superintendent / Director, Vallabhbhai Patel Chest Institute, University of Delhi, Vijay Nagar Marg, Art Faculty, University Enclave, New Delhi, Delhi 110007

62. The Medical Superintendent / Director, ESI HOSPITAL, Basai Darapur, New Delhi, Delhi 110015

63. The Medical Superintendent / Director, ESIC Hospital, Okhla, Maa Anandmayee Marg,Okhla Ph-I,, Delhi-110020

64. The Medical Superintendent / Director, ESIC Hospital, Dr KN Katju Marg, Opp HP Petrol Pump, Sector 15, Sector 15A, Rohini, New Delhi, Delhi 110089

65. The Medical Superintendent / Director, ESIC Hospital, Jhilmil, Block D, Jhilmil Colony, Delhi, 110095.

   

SUO-MOTU Regarding “Earmarking of parking slots for PwDs ” Vs. Commissioner MCD & 7 Others | Case No. 2543/1101/2022/03/5763-5768 | Dated:28-06-22

 In the Court of the 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-23216001-04, Email: comdis.delhi@delhi.gov.in

Case No. 2543/1101/2022/03/5763-5768 Dated:28-06-2022

In the matter of :

SUO-MOTU Regarding “Earmarking of parking slots for PwDs ”

Versus

As per enclosed list ..............  8  Respondents

ORDER

Specific parking slots for Persons with Disabilities (PwDs) have to be mandatorily earmarked. Signages to that effect are also required to be displayed accordingly in the parking lots by the concerned controlling authorities. In this regard (Hon’ble High Court Delhi, Order dated 11.02.2015 in WP(C) No. 1977/2014) may also be referred.

2. Section 41(1)(a) of the Rights of Persons with Disabilities Act, 2016 provides that:- 

41.   “(1) The appropriate Government shall take suitable measures to provide,— (a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines.”

 3. All parking lot owning agencies/Departments needs to adhere to the RPwD Act, 2016 and instructions issued by Hon’ble High Court Delhi in this regard.

4. Section 80 (b) of the RPwD Act, 2016 provides that State Commissioner ;

“shall inquire, suo motu or otherwise deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the State Government is the appropriate Government and take up the matter with appropriate authorities for corrective action.”

5. A suo motu cognizance was taken under Section 80 of the Act and the respondents were accordingly directed vide notice dated 29.03.2022 followed by reminders dated 11.05.2022 and 27.05.2022 to confirm this court the earmarking of parking slots by the concerned agencies alongwith display of signage boards accordingly and also enclose photographs for evidence for each parking lot.

6. In response to notice, all the respondents furnished the reply except PWD and DDA.  This Court has taken a very serious view of it.  Attention is invited to Provision of Section 93 of the Act which is reproduced below:-

93. “Whoever, fails to produce any book, account or other documents or to furnish any statement, information or particulars which, under this Act or any order, or direction made or given thereunder, is duty bound to produce or furnish or to answer any question put in pursuance of the provisions of this Act or of any order, or direction made or given thereunder, shall be punishable with fine which may extend to twenty-five thousand rupees in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to one thousand rupees for each day, of continued failure or refusal after the date of original order imposing punishment of fine.”

7. MCD, NDMC, DCB and DMRC submitted that they have earmarked parking lots for persons with disabilities and also instructed the controlling authorities/ contractors to maintain it and properly display the signages to this effect.  They have also enclosed photographs to this effect.  Traffic Police has informed that the parking sites/lots are allotted and maintained by civic bodies such as MCD, NDMC, DUSIB etc.  Delhi Traffic Police only conveys feasibility report to these agencies from traffic point of view as and when asked by them.  Further, the matter regarding providing accessibility in the Government Office building also pertains to civic agencies.

8. It is observed that there is not sufficient parking lots earmarked for PwDs and there is also lack of signages.  Attention of all is invited to the Harmonised Guidelines and Standards for Universal Design Accessibility in India 2021 issued by Ministry of Housing and Urban Affairs, Govt. of India.  According to these guidelines the number of parking lots should be earmarked in the following manner:-

Number of Vehicle Parking Units	Number of Accessible Parking Lots
For 50 parking lots (1-50)	1
Next 50 lots (51-100)	1
Every subsequent 200 lots or any part thereof	1

9. Keeping in view the replies and photographs submitted by the respondents and the state of affairs in respect of earmarking of parking lots by the concerned agencies, the following are recommended:-

(i) No. of parking lots should be earmarked in accordance with the Harmonised Guidelines and Standards for Universal Design Accessibility in India 2021.

(ii) Parking management should ensure keeping the reserved lots unoccupied except in any emergency.

(iii) Parking lots should be fully accessible for PwDs.  International Symbol of Accessibility should be clearly marked at the accessible parking lots.

(iv) Proper sign boards should be displayed at relevant places and these should not be obstructed by a vehicle parked in the designated lot.

(v) It should be ensured that parking management staff is sensitised and trained towards the needs of persons with disabilities, elderly and others. 

10. This court be informed of the action taken by all the concerned respondents on the recommendations as above within 3 months from the date of receipt of this order as required under Section 81 of RPwD Act, 2016.  

11. Given under my hand and the seal of the Court  this  28th day of June, 2022. 

  (Ranjan Mukherjee)

                             State Commissioner for Persons with Disabilities

 

List of Respondents

1. Now, Commissioner, Municipal Corporation of Delhi.
2. The Commissioner, South Delhi Municipal Corporation, 9th Floor, Dr. S.P.M. Civic Centre, JLN Marg, New Delhi -110002
3. The Commissioner,North Delhi Municipal Corporation, 4th Floor, Dr. S.P.M. Civic Centre, JLN Marg, New Delhi -110002
4. The Commissioner, East Delhi Municipal Corporation,419, Udyog Sadan, Patparganj Industrial Area, Delhi -110096
5. The Chairman, New Delhi Municipal Council, Palika Kendra, Parliament Street, New Delhi-110001. .
6. The CEO, Delhi Cantonment Board, Sadar Bazar, Delhi Cantt-10.
7. Engineer-in-Chief, PWD, 12th Floor, MSO Building, I.P. Estate, New Delhi: 110002.
8. Managing Director, Delhi Metro Rail Corporation, Fire Brigade Lane, Barakhamba Road, Connaught Lane, Barakhamba, New Delhi, Delhi 110001.
9. The Special Commissioner of Police (Traffic), 3rd Floor, Tower-1, Delhi Police Headquarters, Jai Singh Road, New Delhi – 110001. (Email-     splcp-traffic-dl@nic.in).

Suo-Motu Regarding “Accessibility & barrier free movement for PwDs in the National Capital Territory of Delhi” Vs. 35 Respondents (Enclosed List)

 

In the Court of the 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-23216001-04, Email: comdis.delhi@delhi.gov.in

[Vested with powers of Civil Court under the Rights of Persons with Disabilities Act, 2016]

Case No.2345/1101/2021/09/4343-4380      Dated : 25-03-22

In the matter of :

SUO-MOTU Regarding “Accessibility & barrier free movement for PwDs in the National Capital Territory of Delhi”

Versus

As per enclosed list          .............. 35 Respondents

Date of Hearing : 23.03.2022 

Present: As per enclosed list

ORDER

It has been observed/noticed that there are many obstructions/ barriers/encroachments, illegal squatters/vendors etc. on the footpaths and roads in the National Capital Territory of Delhi which creates a lots of hindrance/problem of “Accessibility” for the Persons with Disabilities (PwD) besides Women, Children & Elderly. Consequently, the common public spaces are becoming inaccessible and unsafe not only for persons with disabilities and elderly but also for general citizens. Some of the common flaws are as under:-

(i) There are narrow spaces between bollards on the foot paths making it impossible for a wheel chair user to pass through;

(ii) Some sign boards on the foot paths are of low height and at times on the tactile making it dangerous for visually impaired persons;

(iii) Obstructions such as lamp posts, gutters, protruding objects, sign boards, trees on foot paths especially on the guiding tiles/ warning blocks make them unsafe for persons with visual impairment;

(iv) Many Roads/footpaths are encroached by the vendors/hawkers and in open violation of the existing norms and procedure besides orders of the Hon’ble Supreme Court of India wherein the open, hazardous, unhygienic cooking and selling of food goes on;

(v) Excavated roads/ footpaths by various agencies are not repaired quickly or haphazardly done.

2. Section 40, 41, 44, 45 and 46 of the Rights of Persons with Disabilities Act, 2016 here in after referred to as the Act, mandate the appropriate Government to ensure accessibility of existing built environment and transport among other things, to persons with disabilities under an action plan within five years and undertake the new construction only as per the prescribed standards. The said Sections are reproduced below:

“40. The Central Government shall, in consultation with the Chief Commissioner, formulate rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas.

41. (1) The appropriate Government shall take suitable measures to provide—

(a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines;

(b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design;

(c) accessible roads to address mobility necessary for persons with disabilities.

(2) The appropriate Government shall develop schemes programmes to promote the personal mobility of persons with disabilities at affordable cost to provide for,—

(a) incentives and concessions;

(b) retrofitting of vehicles; and

(c) personal mobility assistance.

44. (1) No establishment shall be granted permission to build any structure if the building plan does not adhere to the rules formulated by the Central Government under section 40.

(2) No establishment shall be issued a certificate of completion or allowed to take occupation of a building unless it has adhered to the rules formulated by the Central Government.

45. (1) All existing public buildings shall be made accessible in accordance with the rules formulated by the Central Government within a period not exceeding five years from the date of notification of such rules:

Provided that the Central Government may grant extension of time to the States on a case to case basis for adherence to this provision depending on their state of preparedness and other related parameters.

(2) The appropriate Government and the local authorities shall formulate and publish an action plan based on prioritisation, for providing accessibility in all their buildings and spaces providing essential services such as all primary health centres, civil hospitals, schools, railway stations and bus stops.

46. The service providers whether Government or private shall provide services in accordance with the rules on accessibility formulated by the Central Government under section 40 within a period of two years from the date of notification of such rules:

Provided that the Central Government in consultation with the Chief Commissioner may grant extension of time for providing certain category of services in accordance with the said rules.”

3. Rule 15 of the Rights of Persons with Disabilities Rules, 2017, here in after referred to as the Rules, notified by Department of Empowerment of Persons with Disabilities, Government of India, standards as specified in the Harmonised Guidelines and Space Standards for Barrier Free Built Environment for Persons With Disabilities and Elderly Persons issued by Ministry of Urban Development, Government of India in March, 2016 and standard for Bus Body Code for transportation system as specified in the Notification of Government of India in the Ministry of Road Transport and Highways vide G.S.R. 895(E) dated 20th September 2016 are to be followed. Institute for Transportation and Development Policy has also developed and published “Footpath design: A Guide for creating footpath that are safe, comfortable and easy to use”;

4. Therefore, the undersigned has taken suo motu cognizance under Section 80 (b) of the Act of the above mentioned state of the built environment and of the fact that even at some places in Delhi new constructions are being carried out without following the prescribed standards. The respondents were accordingly directed to show cause as to why the existing built environment meant for public use in the National Capital Territory of Delhi should not be made fully accessible to persons with disabilities as mandated in the Act, the Rules and the guidelines and why all the new construction of built environment and transportation should not be made strictly in accordance with the provisions of the Act, the Rules and the standards prescribed for each of the facility vide Notice dated 13.09.2021 followed by reminder dated 27.10.2021, dated 24.02.2022.

5. A hearing was scheduled on 23.03.2022 on the subject. The respondents were further advised to stop forthwith any construction activity of built environment meant for public use without following the provisions of the Act, the Rules and the prescribed standards until appropriate corrective action is taken to ensure their accessibility to persons with disabilities. 

6. A joint hearing was held with all the respondents, annexed at ‘A’ on 23.03.2022 at 11.30 AM.  List of participants is annexed at ‘B’.  Initiating the hearing, State Commissioner for Persons with Disabilities (SCPD) deliberated and briefed about the aim, objectives and need of implementation of the Rights of Persons with Disabilities Act, 2016 in Delhi in true spirit.  It was brought to the notice of all that deadline for making public buildings accessible is expiring on 15.06.2022 and for public facilities and services it had already expired on 15.06.2019.

7. A Power Point Presentation covering important aspects of the RPwD Act, 2016 was shown and deliberated upon during the hearing.  The contents of the PPT in short are as under:-

(i) Barrier Free Environment

(ii) Basic Components of Accessibility

(iii) Definition of Public Building & Public Facilities and Services as per the RPwD Act, 2016.

(iv) Section 45 & 46 of RPwD Act, 2016 and Delhi RPwD Rules, 2017 provides for deadline for making built in environment barrier free as 15.06.2022. 

(v) Harmonised guidelines and Standards for Universal Accessibility in India 2021 issued by MoHUA.

(vi) Sugamya Bharat Abhiyan

(vii) 10 Basic Features of Accessibility

(viii) Standards for Accessible facilities for PwDs.

(ix) Short coming of Accessibility in  different localities of NCT of Delhi

8. Some glaring shortfalls in respect of Accessibility carried out by the audit team of the Office of SCPD were pointed for benefit of all present.   SCPD also mentioned about a news clipping which appeared in Times of India dated 13.03.2022 regarding Public Works Department, Delhi starting clearing footpaths encroachment as per orders of Hon’ble High Court to cover entire capital similar to the one issued by SCPD in this regard.

9.   SCPD stated that there is lack of awareness among the general public/officials of executing agencies regarding Accessibility.  SCPD also stressed about the need for sensitisation among all the stakeholders specially the implementing officials.  It was desired that Delhi should become the model city for PwD for Accessibility and other States should replicate the same.   

10. SCPD sought the views and suggestions from the Members of the Advisory Committee/Domain Experts.  Dr. Satendra Singh, Professor of Physiology, University College of Medical Sciences & GTB Hospital, Delhi, Domain Export and a Person with Locomotor Disability expressed his views about the current status of accessibility in Delhi.  He explained that Delhi is not friendly so far as accessibility is concerned for persons with disabilities and all concerned Departments responsible for executing accessibility have failed.    Due to such infrastructure barriers, persons with disabilities are facing great difficulties.  Even the number one premier AIIMS Hospital in Delhi is not disabled friendly/accessible for which case is pending in the Court of CCPD.  All Hospitals, Markets, Stadias, Theatres, Cinema Halls etc. in Delhi need to be  disable friendly.  He highlighted various existing short comings and need of right approach to overcome these short comings.  Shri Subhash Chandra Vashishth, Advocate and a an Accessibility Auditor, CABE Foundation addressing the participants stated that the major problem is that we have not looked up RPwD Act, 2016 with seriousness that it deserved. Lackadaisical approach is still prevailing among the municipal agencies/ implementing ageicies.  As per Section 45(2) of the Rights of Persons with Disabilities Act, 2016 and in order to achieve the objective of accessibility, all the Departments are primarily required to frame an Action Plan based on prioritisation of how they would address accessibility and put it before the SCPD and publish it on their websites. The matter has already been delayed as above action plans were required to be submitted / framed earlier by the year 2017.  

11. Engineer-in-Chief, PWD informed that currently all norms of accessibility are being followed in respect of new construction/works.  As far as old works are concerned, which are owned by other departments, they are facing problems like space constraints, site restriction and in getting sanctions for these works.  On this, SCPD asked for a list of such works/departments.  He also mentioned that in respect of Government buildings, they have provided the required provisions for PwDs and uploaded the list of such buildings on their website.

12. It was made clear by the SCPD that after the deadline prescribed under the RPwD Act and Rules, some punitive action may be initiated against the defaulters.  Provision of imposition of penalty would be considered.  

13. After due deliberations and discussions, the following recommendations are made:-

(1) As Public Works Department (PWD) is the main road owning agency covering almost 85% of the roads in NCT of Delhi, it is the duty and responsibility of the PWD to maintain all roads and footpaths under its jurisdiction in proper manner specially catering to the needs of persons with disabilities mainly Persons with Visual Impairment, Persons with Locomotor Impairment and those who are wheelchair bound. Apart from other points, following are the important actionable points for the PWD:-

(i) Awareness:- Awareness about Rights of Persons with Disabilities (RPwD) Act, 2016, Universal Design of walkways/footpaths/signages. Engineer-in-Chief, PWD to chair a meeting upto the level of Junior Engineer and get them aware about the need of accessibility.  This office can help them on this aspect.

(ii) Training:- No organisation can survive or improve without continues training to sensitize and update the personnel of the organisation with the latest developments/procedures to be followed. It is recommended that the executing officials of the Public Works Department should be imparted training on accessibility preferably through access auditors. A report to this effect be sent to this Court.

(iii) Monitoring:- Continuous monitoring be done by the agency that no one violates the conditions of roads and footpaths.

(iv) Pelican Signals:- Provision of Pelican signals should be considered on the roads for larger public interest.

(v) Retrofitting work should be done to create barrier free environment for PwDs. 

(vi) This Court specifically authorises Public Works Department and all respective road owning agencies to take all possible measures to keep roads and footpaths under its jurisdiction PwD friendly, accessible and encroachment free.

(2) These recommendations are not only for Public Works Department but for all road owning agencies/concerned departments.

(3) It is often seen that footpaths are illegally encroached by squatters, hawkers, rehris, vendors, illegal parking, illegal sign boards, illegal construction of porta cabins for guards etc. which obstructs easy movement of PwDs and all pedestrians .It is the duty and responsibility of the road owning agencies i.e. PWD, MCD, Delhi Police etc. to ensure that there is no encroachers of the pavement/footpaths. It is also the responsibility of the Delhi Police to ensure that adequate action is taken for immediate removal of such illegal encroachers from the footpaths. Special time bound drive is required to remove all such encroachments by 6th April 2022 and ATR be submitted.

(4) It is the duty and responsibility of concerned Dy. Commissioner of the Municipal Corporations to ensure that no illegal hawker or tehbazari is allowed to sit on the road and pavement restricting movement of PwDs/Pedestrians. There has to be a Joint Action and Enforcement Team in this regard consisting of licensing inspectors of MCD alongwith Delhi Police.

(5) Delhi Police should sensitise all Police personnel specially all SHOs and Beat Constables to keep Delhi Roads and Footpaths encroachment free and PwD friendly.

(6) While providing Sewer and Water connection to the individual households, relaying of sewer and water lines in colonies or housing societies, DJB often, has to dig roads for connecting water and sewer. Unfortunately, it has been observed that after completion of the work of relaying or new connection, roads and pavement are never brought back to its original condition which creates obstacles in movement of PwDs and other persons. DJB to take strict action/impose penalty against the persons/ organisations that does digging work without their permission. Also other service providers like IT, Power companies etc. does the same. A certificate be given by the concerned agencies that the roads and pavements are brought to its original condition after completion of the work.   

(7) DTC was directed to make Bus Queue Shelters Audio Video friendly for PwDs.

(8) Director, UTTIPEC, DDA being the nodal agency for Unified Traffic regulation in the Capital, need to take cognizance of this important factor and hearing to initiate and take appropriate action accordingly.

(9) Each District Magistrate is the overall incharge of the district to ensure that there is not a single obstruction with respect of accessibility issue for PwDs and others such as Elderly, Women and Children. Each DM is the Nodal Officer in the respective district to ensure that all concerned agencies such as PWD, MCD, Delhi Police etc. do carry out their duty in effective and efficient manner to create barrier free, Accessible PwD friendly roads and footpaths in the District.

(10) An Action Plan in this regard by all the road owning agencies/concerned departments is to be submitted to the Office of SCPD through the District Magistrates immediately for making a barrier free environment for PwDs.

(11) DSW may like to issue notification regarding declaration as per the RPwD Act that the Deputy Magistrates are Additional Commissioners for Persons with Disabilities to assist SCPD in this regard.    

 14.     This court be informed of the action taken by all the concerned respondents within 3 months from the date of receipt of this order as required under Section 81 of RPwD Act, 2016.  In addition about the Action Plan for implementation by all respondents by 25th April, 2022.

15. Given under my hand and the seal of the Court this 25th day of March, 2022. 

 (Ranjan Mukherjee)

      State Commissioner for Persons with Disabilities

Copy to:-

The Pr. Secretary, Social Welfare Department, Govt. of NCT of Delhi, GLNS Complex, Delhi Gate, New Delhi-110 002. 

Annexure – ‘A’

 

List of Respondents in Case No.2345/1101/2021/09

In the matter of :

SUO-MOTU Regarding “Accessibility & barrier free movement for PwDs in the National Capital Territory of Delhi”

Versus

35 Departments

**********

 

1.    The Vice Chairman, DDA, A-Block, 1st Floor, Vikas Sadan, Near INA, Market New Delhi-110023.
2.    The Commissioner of Police, GNCT of Delhi, 2nd Floor, MSO Building Police Headquarter, ITO Delhi-110002
3.    Engineer-in-Chief, O/o The Engineer-in-Chief, PWD, 12th Floor, MSO Building, I. P.Estate, New Delhi: 110002
4.    The Commissioner, South Delhi Municipal Corporation, 9th Floor, Dr. S.P.M. Civic Centre, JLN Marg, New Delhi -110002
5.    The Commissioner, North Delhi Municipal Corporation, 4th Floor, Dr. S.P.M. Civic Centre, JLN Marg, New Delhi -110002
6.     The Commissioner, East Delhi Municipal Corporation,419, Udyog Sadan, Patparganj Industrial Area, Delhi -110096
7.    The Chairman, New Delhi Municipal Council, Palika Kendra, Parliament Street, New Delhi-110001.
8.    The Deputy Commissioner (South Zone), South Delhi Municipal Corporation Sri Aurobindo Marg, Block A, Green Park Extn. Green Park New Delhi-110016
9.     The Deputy Commissioner (Najafgarh Zone), South Delhi Municipal Corporation Najafargh Dhasana Road, Near Bus Stand, Najafgarh, New Delhi-110043
10.     The Deputy Commissioner (West Zone), South Delhi Municipal Corporation 290, Road Number 28, Nehru Nagar, Shivaji Place, Basai Dara pur New Delhi-110027.
11.     The Deputy Commissioner (Central Zone), South Delhi Municipal Corporation MCD Zonal Office, Shiv Mandir Marg, Lajpat Nagar-II, New Delhi -110024.
12.     The Deputy Commissioner (City-SP Zone), North Delhi Municipal Corporation, 2nd floor, Idgah Road, Near Sadar Bazar PS, New Delhi-110006.
13.    The Deputy Commissioner ( Keshavpuram Zone), North Delhi Municipal   Corporation, Dr Satpal Sachdeva Marg, Keshav Puram, Tri Nagar,Delhi, 110034
14.     The Deputy Commissioner ( Karolbagh Zone), North Delhi Municipal Corporation, DB Gupta Road, Christian Colony, Block 17 B, Dev Nagar, Anand Parbat, New Delhi, Delhi 110005
15.    The Deputy Commissioner ( Civil Line Zone ), North Delhi Municipal Corporation, 16,Rajpur Road, Kamla Nehru Ridge, Civil Lines, Delhi, 110054
16.    The Deputy Commissioner (Rohini Zone), North Delhi Municipal Corporation, Rohini Institutional Area, Sector 5, Rohini, Delhi, 110085
17.     The Deputy Commissioner (Narela Zone), North Delhi Municipal Corporation, 13 RI-178, MDR 138, Rajeev Colony, Swatantra Nagar, Narela, Delhi, 110040
18.    The Deputy Commissioner (Shahdara South Zone),East Delhi Municipal Corporation, Vishwas Nagar, Institutional Area, behind Karkardooma Court Vishwas Nagar, Shahdara, New Delhi, Delhi 110032
19.    The Deputy Commissioner (Shahdara North Zone), East Delhi Municipal Corporation, Kehsav Chowk, Near Shyam Lal College, Delhi-110051
20.    The Managing Director, Delhi Transport Corporation, I.P. Estate, New Delhi-110002
21.    The Managing Director, DTIDCL, Transport Department, 5/9, Under Hill Road, Delhi
22.    The District Magistrate (North East), D.C. Office Complex, Nand Nagri, Opposite Gagan Cinema, Delhi-110093.    
23.    The District Magistrate (South East), Old Gargi College Building, Lajpat Nagar-IV, New Delhi-110024    
24.    The District Magistrate (New Delhi), 12/1, Jam Nagar House Sahajahan Road, New Delhi
25.    The District Magistrate (North), Alipur, Delhi-110036
26.    The District Magistrate (North West) Kanjhawala, Delhi-110081                           
27.    The District Magistrate (Shahdara), Nand Nagri, Opposite Gagan Cinema, Delhi-93        
28.    The District Magistrate(Central), 14, Darya Ganj, New Delhi 02. 
29.    The District Magistrate (East), L.M. Bund, Shashtri Nagar, Delhi-110031.                     
30.    The District Magistrate (South West), Old Terminal Tax Building Kapashera, New Delhi-110037   
31.    The District Magistrate (South), M.B. Road, Saket, New Delhi-110068.             
32.    The District Magistrate (West), Old Middle School Building Lawrance Road, Rampura, Delhi- 110085. 
33.    The CEO, Delhi Cantonment Board, Sadar Bazar, Delhi Cantt-10.
34.    The Director, UTTIPEC, VIKAS MINAR, 2nd Floor, New Delhi, Delhi 110002.
35.    The CEO, Delhi Jal Board, Varunalaya Complex, Jhandewalan Extension, Jhandewalan, New Delhi-110005.  

Suo Motu Vs. The Director Delhi Fire Services & Eight other Departments | Lead Case No. 939/1015/2019/06/1269-1277 | Dated:19-08-21

 

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.

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]

1. Case No. 939/1015/2019/06 /1269-1277 Dated:19-08-21

In the matter of:

Suo-Motu                                      ………..Complainant

Versus

The Director,
Directorate of Delhi Fire Services HQ,
205-1205, New Barakhambha Road,
Connaught Lane, Barakhambha,
New Delhi-110001.                         .................Respondent

2.Case No. 957/1015/2019/06

In the matter of:

Suo-Motu                                                ………..Complainant

Versus

The Pr.Secretary,
Urban Development Department,
9th Level, Delhi Secretariat,
I.P. Estate, New Delhi-110002.                        .………..Respondent 

3. Case No. 956/1015/2019/06

In the matter of:

Suo-Motu                                                   ………..Complainant

Versus

The Registrar,
O/o The Registrar of Co-operative Societies,
Old Court Building, Parliament Street,
New Delhi-110001.                              .………..Respondent 

4.Case No. 926/1015/2019/06

In the matter of:

Suo-Motu                                                    ………..Complainant

Versus

The Director,
Higher Education,
5 Sham Nath Marg, Prema Kunj,            
Civil Lines, Delhi-110054.                       .………..Respondent 

5.Case No. 922/1015/2019/06

In the matter of:

Suo-Motu                                 ...........Complainant

Versus

The Pr. Secretary,
Health & Family Welfare Department,
9th Level, Delhi Secretariat,
I.P. Estate, New Delhi-110002.                    ........Respondent

6. Case No. 960/1015/2019/06

In the matter of:
Suo-Motu                                                           ………..Complainant

Versus

The Chairman, 
New Delhi Municipal Council,
Palika Kendra, Sansad Marg, 
GNCT of Delhi,
New Delhi-110001.                                 .………..Respondent 

7.Case No. 963/1015/2019/06

In the matter of:

Suo-Motu                                                    ………..Complainant

        

Versus

The Commissioner,
South Delhi Municipal Corporation,
9th Floor, Dr. SPM Civic Centre,
Minto Road, New Delhi-110002.                       .………..Respondent 

8.Case No. 964/1015/2019/06

In the matter of:

Suo-Motu                                                   ………..Complainant

Versus
The Commissioner,
East Delhi Municipal Corporation,
419, MCD, Udyog Sadan, 
Patparganj Industrial Area,
Patparganj, Delhi-110092                         ………..Respondent 

9. Case No. 980/1015/2019/06

In the matter of:

Suo-Motu                                                  ………..Complainant

Versus

The Secretary,
Directorate of Training & Technical Education, 
Purvi Pitampura, Muni Maya Ram Marg, 
Block RU Pitampura, Delhi-110034                 .………..Respondent 

Date of hearing: 16.08.2021

Present: List enclosed at Annexure - I.       

ORDER

As per Section 21 of the Rights of Persons with Disabilities Act, 2016 (RPwD Act), Rule 8 of the Rights of Persons with Disabilities Rules, 2017 (RPwD Rules) and Rule 12 of the Delhi Rights of the Persons with Disabilities Rules, 2018 (Delhi RPwD Rules), every establishment shall notify the “Equal Opportunity Policy” and register a copy of the said policy with the State Commissioner.

Section 2(k) of the Rights of Persons with Disabilities Act, 2016 hereinafter referred to as the Act provides as under:

“Government establishment” means a corporation established by or under a Central Act or State Act or an authority or a body owned or controlled or aided by the Government or a local authority or a Government Company as defined in Section 2 of the Companies Act, 2013 and includes a Department of the Government.

2. In view of the above provisions of the Act and the Rules, all the Pr.Secretaries/ Secretaries/HODs of Government of GNCT of Delhi and Local Bodies were to initiate appropriate actions vide letter No. F. 5/1766/2017-Wel/CD/5134-5292 dated 13.02.2018 followed by reminders dated 15.06.2018 & 18.01.2019 and were advised as under:

(i) For implementation of the Equal Opportunity Policy (EOP) and draw the same in all Departments / Organisations and establishments under jurisdiction and to register the same with the State Commissioner; and 

(ii) To provide a list of private establishments registered with or connected to their department / organisation alongwith their full addresses and contact details in soft copy. 

3. Publication and registration of Equal Opportunity Policy is mandatory under the Act and contravention of any provision of the Act and the Rules made thereunder is punishable with fine which may extend to Rs. 10000/- and for any subsequent contravention fine shall not be less than Rs. 50000/- but may extend to Rs. 5 Lakh, a Suo-Motu cognizance vide Notice 03.08.2021 was taken up with the respondents regarding notification and registration of Equal Opportunity Policy by the Govt. Establishments and Private Establishments and all were directed to appear for  hearing on 16.08.2021 under Section 82 of the Act.  

4. A joint hearing was held on 16.08.2021 at 11.30 AM with all the   respondents mentioned above, for respective organisations which have not drawn and forwarded copies of Equal Opportunity Policy to this Office till date.

5. None appeared on behalf of the Office of the Registrar Co-operative Societies, which is noted with concern.  Registrar, Co-operative Societies may please note and ensure drawing of the EOP and forward the same to the Office of the State Commissioner for Persons with Disabilities.   List of participants is enclosed at Annexure-I.

6. State Commissioner for Persons with Disabilities (SCPD) also took the opportunity to deliberate and brief about the aim, objectives and need of implementation of the Rights of Persons with Disabilities Act 2016, in true spirit.    It was explained that the Persons with Disabilities Act, 1995 was welfare based whereas the Rights of Persons with Disabilities Act, 2016 is a ‘Right’ for all PwDs.  Numbers of different disabilities included in this Act have been increased from 7 to 21.  All the 101 Sections of the present Act are mandatory except 4 Sections.  Provision of Penalties and non-implementing the various provisions of the Act were also brought to the notice of all. 

7. SCPD has also pointed out the Equal Opportunity Policy framed by Department of Social Welfare, GNCT of Delhi for Persons with Disabilities vide letter dated 03.06.2019.  Similarly this Office has also framed its Equal Opportunity Policy vide letter dated 24.07.2019.  It was advised that both the EOPs can be taken as a ‘Model’ by other departments while framing their EOPs.  Both policies are readily available on this Office website i.e. http://discomm.delhi.gov.in/ for downloading for reference.

8. Representative of Department of Training and Technical Education informed that they forwarded copy of their EOP and consolidated list of Institutes (Govt. & Pvt.) in respect of Grievance Redresaal Officers (GROs) to this Office on 13.08.2021 for information and record as desired. 

9. Representative of Urban Development Department informed that they too have forwarded copy of their Equal Opportunity Policy on 12.08.2021.  

10. Representative of East Delhi Municipal Corporation also submitted that EDMC has already prepared their Equal Opportunity Policy and submitted copy of the same during the hearing, which has been taken on record. 

11. Representative of Jag Pravesh Chandra Hospital Shastri Park, Delhi also filed copy of their Equal Opportunity Policy sent on 23.07.2019, copy of which also taken on record. 

12. Some representative of various hospitals requested for clarity on the issue of submitting their EOPs separately or through their Head Office i.e. Health & Family Welfare Deptt.  Similar queries were also raised by Department of Higher Education and Department of Training and Technical Education. In this regard, it was clarified that initially every major department has to frame its EOP and also to ensure framing of separate EOPs by respective subordinate Offices.  Thus, every prime department will circulate necessary instructions / directions to all their subordinate offices/establishments for framing and submitting their EOPs directly to the Office of State Commissioner for Persons with Disabilities.

13. In the light of the above, the following recommendations are made:

(i) It is mandatory for every Department to frame an EOP and register the same with the Office of State Commissioner unless it is excluded from the definition of a “Government Establishment” as given in Section 2(k) of the RPwD Act, 2016.

(ii) All the respondent Departments except Department of Training and Technical Education, Urban 

(iii) Development Department and East Delhi Municipal Corporation are hereby directed to send a copy of their Equal Opportunity Policy (EOP) to this Department by 10.09.2021 (10thSeptember,2021).  

(iv) All the Respondent Departments are also directed to send  list of private establishments registered with or connected to their department / organisation alongwith their full addresses and contact details in soft copy by 10.09.2021.

14.     Accordingly, above cases are disposed of.

15. Given under my hand and the seal of the Court this 18th day of  August,  2021.

          

(Ranjan Mukherjee)

                      State Commissioner for Persons with Disabilities 

Annexure-I : Attendance Sheet

Respondent Departments:

1. Department of Health & Family Welfare

Dr. Yogesh Kataria, Nodal Officer for matters relating to PwDs (H&FW Deptt.)
Dr. G.C. Malik, Nodal Officer for PwDs (Pd. Madan Mohan Malviya Hospital)
Dr. B. Kanhar, Consultant (Ortho), Disability incharge, (Aruna Asaf Ali Govt. Hospital)
Dr. V.P. Khari, Aruna Asaf Ali Govt. Hospital
Dr. Chetan Ray, CMO, G.B. Pant Hospital
Dr. Neeta Wardhan, Professor, Lady Hardinge Medical College
Dr. Namita, (CP Disability Branch), Baba Saheb Ambedkar Hospital
Ms. Meena Jain, Asst. Director, Baba Saheb Ambedkar Hospital
Dr. Monalisa, CMO, MRD Deptt. Safdarjung Hospital
Ms. Satya, Medical Record Officer, Safdarjung Hospital
Dr. Ritu Verma, Jag Pravesh Chandra Hospital
Dr. Krishan Dev, Guru Teg Bahadur Hospital
Dr. Mondeep, IHBAS
Dr. N.S. Khurana, Deep Chand Bandhu Hospital

2. South Delhi Municipal Corporation

Sh. Muktamay Mandal, Addl. Director (Education)

Sh. Raman Kumar

Sh. C.S. Mangla

 3. Delhi Fire Services

Sh. Rajinder Atwal, Divisional Officer

4.  Directorate Of Training & Technical Education

Sh. B.S. Negi, Dy. Director (Trg.) TTE HQ

Sh. Vipin Kumar, JTA

Sh. Upreti, STA

 5. New Delhi Municipal Council

Sh. K.C. Raju, Director (Personnel) 

6. East Delhi Municipal Corporation

Sh. Ravinder Kumar, Asst. Commissioner

Sh. O.P. Jha, EE

Sh. Indervir Singh, AE (R)

7. Directorate of Higher Education

Sh. Vinay Kaushik, Dy. Director

Sh. Yagdutt Sharma, ASO

8. Urban Development Department

Sh. K.C. Surender, Add. Secretary

Sh. Rajesh Ranjan, Dy. Secretary

9. O/o Registrar Co-operative Society

None Present