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-02
[Vested with powers
of Civil Court under
the Rights of Persons with Disabilities Act,
2016)
Case No. No. 1253/1121/2019/10/ 7334-7363 Dated:
30/10/2019
In the matter of:
Suo-motu
Versus
The Principal Secretary,
Health & Family Welfare Department,
Govt. of NCT of Delhi,
9th Floor, A-Wing, Delhi
Secretariat,
I.P. Estate New Delhi- 110002 ………………..Respondent No. 1
The
Medical Superintendent, Officer-in-Charge,
All
India Institute of Medical Science,
Ansari
Nagar,
New
Delhi-110029 ……………..Respondent
No. 2
The
Medical Superintendent/ Officer-in-Charge,
Safdarjung
Hospital,
New
Delhi-110029 ………………..Respondent
No. 3
The
Medical Superintendent/ Officer-in-Charge,
Dr.
Ram Manohar Lohia Hospital, Govt. of India,
New
Delhi-110001 ………………..Respondent
No. 4
The
Medical Superintendent/ Officer-in-Charge,
Lady
Harding Medical College & Smt. S.K. Hospital,
New
Delhi-110001 ………………..Respondent
No. 5
The
Medical Superintendent,
Babu
Jagjivan Ram Hospital,
Jahangirpuri,
Delhi-110033 ………………..Respondent
No. 6
The
Medical Superintendent,
Guru
Gobind Singh Govt. Hospital,
Raghubir
Nagar, New
Delhi-110027 ………………..Respondent
No. 7
The
Medical Superintendent,
Rao
Tula Ram Memorial Hospital,
Jafferpur,
New Delhi-110073 ………………..Respondent
No. 8
The
Medical Superintendent,
Bhagwan
Mahavir Hospital, H-4/5,
Guru
Harkishan Marg,
Pitampura,
Delhi-110034 ………………..Respondent
No. 9
The
Medical Superintendent,
Aurna
Asaf Ali Govt. Hospital,
5,
Rajpur Road, Delhi-110054 …………..Respondent
No. 10
The
Medical Superintendent,
Guru
Teg Bahadur Hospital, Govt. of NCT of Delhi,
Dilshad
Garden, Delhi-110095 …………..Respondent
No. 11
The
Medical Superintendent,
Swami
Dayanand Hospital,
Shahdara,
Delhi-110095 …………..Respondent
No. 12
The
Medical Superintendent,
Lal
Bahadur Hospital,
Khichripur, Delhi-110091 ..………..Respondent
No. 13
The
Medical Superintendent,
Dr.
Hedgewar Arogya Sansthan,
Karkardooma, Delhi-110032 …………..Respondent
No. 14
The
Medical Superintendent,
Govind
Ballabh Pant of Post Graduate
Medical Education & Research (GIPMER),
1,
Jawahar Lal Nehru Marg,
New
Delhi-110002 ………………..Respondent
No. 15
The
Medical Superintendent,
Jag
Pravesh Chandra Hospital,
Shastri
Park, Delhi-110053 ………………..Respondent
No. 16
The
Medical Superintendent,
Dr.
Baba Saheb Ambedkar Hospital,
Sector-06,
Rohini, Delhi-110085 ………………..Respondent
No. 17
The
Medical Superintendent,
Deen
Dayal Upadhyay Hospital,
Hari
Nagar, New
Delhi-110064 ………………..Respondent
No. 18
The
Medical Superintendent,
Sardar
Vallabh Bhai Hospital,
East
Patel Nagar, New
Delhi-110008 ........................Respondent
No. 19
The
Medical Superintendent,
Sanjay
Gandhi Memorial Hospital,
Mangolpuri,
Delhi-110083 ………………..Respondent
No. 20
The
Medical Superintendent,
Institute
of Human Behaviour
& Allied Sciences (IHBAS),
Dilshad
Garden, Delhi-110095 ………………..Respondent
No. 21
The
Medical Superintendent,
Lok Nayak Jai Prakash Hospital,
New
Delhi-110002 ………………..Respondent
No. 22
The
Medical Superintendent,
Janakpuri
Super Speciality Hospital Societ,
(An
Autonomous Institute), Under Govt. of NCT of Delhi,
Delhi-110058 ………………..Respondent
No. 23
The
Medical Superintendent,
Pt.
Madan Mohan Malaviya Hospital,
Malviya
Nagar, New
Delhi-110017 ………………..Respondent
No. 24
The
Medical Superintendent,
Maharishi
Valmiki Hospital,
Pooth
Khurd, Delhi-110039 ………………..Respondent
No. 25
The
Medical Superintendent,
Satyawadi
Raja Harishchandra Hospital,
Plot
No-30, Sector A7, Narela,
Delhi-110040 ………………..Respondent
No. 26
The
Medical Superintendent,
Hindu
Rao Hospital,
37-38,
Subji Mandi,
Malka
Ganj, New
Delhi-110007 ………………..Respondent
No. 27
The
Medical Superintendent,
Chacha
Nehru Bal Chikitsalaya,
Geeta
Colony, New
Delhi-110031 ………………..Respondent
No. 28
ORDER
Dr. Satendra Singh, MD, Associate Professor Physiology, University College of Medical Sciences & GTB Hospital, Delhi, and Domain Expert, State Advisory Committee to assist the State Commissioner for Persons with Disabilities, NCT of Delhi vide his email dated 28/10/2019 brought to the notice of this court that “Deaf Blindness” as a category has been excluded in Form-VI of Delhi Rights of Person with Disabilities Rules, 2018 (Delhi RPwD Rules) and Rights of Person with Disabilities Rules, 2017(RPwD Rules) though “deaf blindness” is a specified disability in the schedule to the Rights of Persons with Disabilities Act, 2016, herewith refer to as the Act as well as in Section 34(1) (e).
Dr. Satendra Singh, MD, Associate Professor Physiology, University College of Medical Sciences & GTB Hospital, Delhi, and Domain Expert, State Advisory Committee to assist the State Commissioner for Persons with Disabilities, NCT of Delhi vide his email dated 28/10/2019 brought to the notice of this court that “Deaf Blindness” as a category has been excluded in Form-VI of Delhi Rights of Person with Disabilities Rules, 2018 (Delhi RPwD Rules) and Rights of Person with Disabilities Rules, 2017(RPwD Rules) though “deaf blindness” is a specified disability in the schedule to the Rights of Persons with Disabilities Act, 2016, herewith refer to as the Act as well as in Section 34(1) (e).
2. He further informed that as per the said Rules, a
certificate of disability for multiple disability is to be issued in Form-VI
but it nowhere mentions the category “deaf blindness”. Because of this technical
flaw, the certificate is issued either for blindness or for deaf.He has come
across instances of people with “deaf blindness” who are forced to carry a
certificate for ‘blindness’ and another for ‘deafness’. Separate certificates do
not reflect the actual extent of restrictions that persons with “deaf
blindness” experience due to environmental, informational and other associated
barriers. It will also lead to incorrect data.
3. Dr.
Satendra Singh has requested to take up the issue and iron-out the deficiency
in Form-VI of Delhi RPwD Rules,2018 and also to suggest amendment in the RPwD
Rules, 2017.
4. It
is observed that in the Schedule to the Act has grouped the 21 specified disabilities
in five groups namely, (i) Physical disability (ii) Intellectual disability,
(iii) Mental behaviour, (iv) Disability caused due to (a) Chronic neurological
conditions&(b) Blood disorder,(v) Multiple disabilities.
Multiple disabilities has
been defined as “(more
than one of the above specified disabilities)including deaf blindness which
means a condition in which a person may have combination of hearing and visual
impairments causing severe communication, developmental, and educational
problems.”
5. The provision for certification of specified disabilities
in Section 58 of the Act is reproduced below:-
“(1) Any person with specified disability, may
apply, in such manner as may be prescribed by the Central Government, to a
certifying authority having
jurisdiction, for issuing of a certificate of disability.
(2) On
receipt of an application under sub-section (1), the certifying authority
shall assess the disability of the concerned
person in accordance with relevant guidelines notified under section 56, and
shall, after such assessment, as the
case may be,—
(a) Issue a certificate of disability to such
person, in such form as may be prescribed by the Central Government.”
6. Section-100 (h) of the Act mandates the Central Govt. to make no rules on the manner of application for
issuance of certificate of disability under sub-section (1) and form of
certificate of disability under sub-section (2) of section 58.
7. In view of the above provisions in the Schedule,
Section 58 and Section 100(h) of the Act, for any change in the rules or in the form
of disability,Central Government alone has jurisdiction. The Government of NCT
of Delhi cannot change or modify the form of certificate of disability.
8. Rule, 18 of the RPwD Rules, 2017 and Rule 26 of the
Delhi Persons with Disabilities, Rules, 2018 also provide that the medical authority or any other notified
competent authority shall issue a certificate of disability in favour of an applicant
in form V,VI, & VII, as the case may be.Since the Central Govt. alone is
vested with the power to make changes in Rules including in relation to the
forms of certificate of disability, if considered necessary,Department of
Empowerment of Persons with Disabilities, Govt. of India may look into this
matter.
9. However,if any medical
authority in NCT of Delhi is issuing separate certificates of disability for
blindness and for deafness to persons who have ‘deaf blindness’, the same must
be stopped forthwith.
10. As
regards the issue flagged by Dr. Satender Singh that Form VI does not mention “deaf
blindness”, I am of the opinion that the intent of the legislation is to give “deaf
blindness” an independent identity. Hence “deaf blindness” should be mentioned in
Form-VI also at some place. To my mind, it could be mentioned either in Column-4
under ‘Diagnosis’ against ‘blindness’ and ‘deafness’ or in Column-5 meant for ‘indicating
the permanent physical impairment/mental disability in (%). A person with “deaf
blindness” will necessarily will have 100% disability and hence there is no
need to calculate the total disability by combining the two conditions.
11. For ready reference, Form-VI is reproduced below:
S.No.
|
Disability
|
Affected
part of body
|
Diagnosis
|
Permanent
Physical impairment/Mental Disability in (%) 1
|
1
|
Locomotor disability
|
@
|
||
2
|
Muscular Dystrophy
|
|||
3
|
Leprosy cured
|
|||
4
|
Dwarfism
|
|||
5
|
Cerebral Palsy
|
|||
6
|
Acid Attack Victim
|
|||
7
|
Low vision
|
#
|
||
8
|
Blindness
|
#
|
||
9
|
Deaf
|
£
|
||
10
|
Hard of Hearing
|
£
|
||
11
|
Speech and Language disability
|
|||
12
|
Intellectual Disability
|
|||
13
|
Specific Learning Disability
|
|||
14
|
Autism Spectrum Disorder
|
|||
15
|
Mental illness
|
|||
16
|
Chronic Neurological Conditions
|
|||
17
|
Multiple sclerosis
|
|||
18
|
Parkinson’s disease
|
|||
19
|
Haemophilia
|
|||
20
|
Thalassemia
|
|||
21
|
Sickle Cell disease
|
12. In light of the
foregoing, It is recommended that the medical/certifying authorities in NCT of
Delhi should issue the certificate of disability in in Form-VI in respect of
persons with “deaf blindness” by ticking ‘Blindness’ at serial No. 8 as well as‘Deafness’
at serial No.9 and mention “deaf blindness” in column 4 or 5 which should be
clearly legible.
13. Department of
Empowerment for Persons with Disabilities, Ministry of Social and Justice and
Empowerment, Govt. of India, may consider issuing suitable advisory to the State
Govts. and UT Administrations to ensure uniformity and to avoid inconvenience
to persons with “deaf blindness”.
14. The matter is
disposed off accordingly.
15. Give under my hand
and the seal of the Court this 30thOctober 2019.
(T.D.
Dhariyal)
State Commissioner for Persons with
Disabilities
Copy to:-
1.
Secretary,
Department of Empowerment for Persons with Disabilities, Ministry of Social
& Justice & Empowerment, Govt. of India, Pt. Deendayal Antyodya Bhawan,
CGO Complex, New Delhi-110003: for necessary action as deemed fit.
2.
Secretary,
Department of Social Welfare, GNCT of Delhi, GLNS Complex, Delhi Gate, New
Delhi-110002: for information and necessary.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
