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. 4/1116/2015-Wel/CD/4012-4013A Dated:
29.01.2018
In the
matter of:
Smt. Suman, M/o Ms. Nisha,
A-297-298, Block A, Shahbad Dairy.
New Delhi-110042. .………
Complainant
Versus
The Divisional Commissioner,
Department of Revenue, GNCT of Delhi,
Sham Nath Marg,
New Delhi-110054.
...…Respondent
ORDER
The
above named complainant vide her complaint dated 03.08.2015 submitted that she
had submitted the papers in the Office of the Divisional
Commissioner-Cum-Secretary(Revenue) for
guardianship of her 20 years old daughter Ms. Nisha, who is a person with
mental retardation. No further action
has been taken. She requested to pass an order for issuance of guardianship certificate
in respect of Ms. Nisha.
2. The matter was taken up with the
respondent vide communication dated 23.09.2015 followed by reminders dated
02.11.2015, 24.11.2015, 15.02.2016, and 04.07.2016. National Trust was also requested vide letter
dated 08.11.2016 to take necessary action for appointment of legal guardian in
respect of Ms. Nisha.
3. When the matter was scheduled for
hearing vide notice dated 20.02.2017, SDM(HQ), District (North) vide letter
dated 21.03.2017 submitted that the relevant papers were not found in his
office. One Sh. R.K. Sharma, Section Officer(Admn.) collected the papers on the
date of hearing on 29.03.2017.
Thereafter, Sh. R.K. Sharma vide letter dated 09.05.2017 requested Smt.
Suman and Sh. Satish Kumar, the parents of Ms. Nisha to see him in R.No. 29,
District Magistrate (North), Alipur, Delhi-110036 on any working day. As there was no communication from either
party, the complainant was advised to
submit the comments, if any on the letter of the respondent vide letter dated 01.08.2016. However, the letter was received back with
the remarks of the postal authorities that the addressee could not be traced.
4. As it was also observed that the
disability certificate submitted by the complainant alongwith her complaint was
not issued by the appropriate medical authority, she was contacted on the given
Mobile Number 9958600861 on 16.01.2018 and 18.012018. Sh. Satish Kumar F/o Ms.
Nisha informed that Maharishi Valmiki Hospital has issued a disability
certificate for 70% mental retardation in respect of his daughter. He also informed that the SDM Office has
issued a yellow card and told him that the card can be used for all purposes
including guardianship purpose. When contacted on another number – 9899335009
mentioned in the copy of Form-A for appointment of guardian, one Sh. Dilip Kumar, Honorary Director, Mother Home, GT Karnal
Road, Libaspur, answered and said that despite best efforts, he could not
succeed in getting the guardianship of Ms. Nisha.
5. It seems that the yellow card issued
by the Revenue Department in respect of Ms. Nisha is the disability Identity
Card and not the guardianship certificate under the National Trust for the
Welfare Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple
Disabilities Act, 1999 (National Trust Act).
6. As per Section 13 of the National Trust
Act, the Local Level Committee shall consist of an officer of civil service of
the union or of the state, not below the rank of a District Magistrate or
District Commissioner of a district. In
Govt. of NCT of Delhi the District Magistrates head the Local Level Committees. Section 14 of the said Act mandates the Local
Level Committee, among other things, to
receive process and decide applications of a guardian and make the
recommendation for appointment of a guardian under National Trust Act and send
the same to the board. As per Rule 6 of
National Trust Rules 2000, the Chairperson National Trust shall be responsible
for proper functioning of the Trust including Local Level Committees and ensure
implementation of the policies and programmes of the Trust.
7. Section 81 of the Rights of Persons with
Disabilities Act, 2016 provides that whenever the State Commissioner makes a
recommendation to an authority in pursuance of Clause (b) of Section 80 that
authority shall take necessary action and inform the State Commissioner of the
action taken within 3 months from the date of receipt of the
recommendation. The said Act also
provides for punishment for contravention of the provision of the Act or Rules
or Regulations made thereunder and for failure to furnish information.
8. In the facts and circumstances of this
case, it is recommended that the respondent should direct the concerned
officers to contact the parents of Ms. Nisha and help them apply for appointment
of guardian in respect of Ms. Nisha under the National Trust Act within 3
months from the date of receipt of this order and intimate this Court as
required under Section 81 of the Rights of Persons with Disabilities Act, 2016. Sh. Dilip Kumar, Honorary Director of Mother
Home, GT Karnal Road, is also advised to assist the complainant in getting the
guardianship certificate.
9. Chairperson National Trust for
Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple
Disabilities is also advised to take appropriate measures to ensure that
guardian is appointed under the National Trust Act in respect of Ms. Nisha and
inform this Court within 3 months from the date of receipt of this order.
10. Given under my hand and the seal of the
Court this 29th day of January, 2018.
(T.D. Dhariyal )
State Commissioner for
Persons with Disabilities
Copy
to:- The Chairman, National Trust for Welfare of Persons with Autism, Cerebral
Palsy, Mental Retardation and Multiple Disabilities, 16-B, Bada Bazar Road, Old
Rajinder Nagar, Rajinder Nagar, Delhi-110060; with the request to take action
as advised vide Para 09 of this order.
View the digitally signed PDF Order here:
