Miserably Failed To Carry Out Duties- High Court Pulls Up Delhi Govt For Failure To Provide Assistance To Children With Disabilities

The Delhi High Court has expressed displeasure over the conduct of the Delhi Government on a plea seeking assistance under the Rights of Persons with Disabilities Act, 2016.

While coming down heavily on the city government, the Bench of Justice Gaurang Kanth expressed that the government had miserably failed to carry out their duties as a 'State'.

"On the one hand, respondent No. 5 is assuring this Court to take all possible steps in the best interest of the children in the State of Delhi, but even after two and a half years of giving this assurance to this Court, respondent No. 5 has miserably failed to carry out their duties as a 'State'.", the Court held.

In this case, the Delhi High Court had directed the Department of Social Welfare, Government of NCT of Delhi to consider the case of two petitioners seeking assistance under the said Act. The Court had further directed to take a decision on the support that needs to be provided to the said petitioners, keeping in view the mandate as well as the object and purpose of 'The Rights of Persons with Disabilities Act, 2016'.

Advocate Avneet Toor Gupta appeared for the petitioners whereas Advocates Tushar Sannu and Ritika Priya, appeared for GNCTD.

The Court observed that it had directed the Delhi Government to consider the case of the petitioners not as the 'Appropriate Authority' under Section 38(1) of the Act but as a State which is responsible for taking steps to protect the best interest of all the children residing in the State of Delhi.

However, the Court noted that the Department of Social Welfare, Government of NCT of Delhi had filed an affidavit after a delay of more than two and a half years.

"The affidavit filed by Joint Director (CPU), Department of Women and Child Development, Government of Delhi shows the sorry state of affairs of children in the State of Delhi.", the Court observed.

The Court further held that "It appears that respondent No. 5 is not in a position to even consider the case of petitioner Nos. 1 & 2 positively or to take any steps for providing adequate assistance to support the needs of the petitioners."

The Court held that it was inclined to issue a contempt notice to the Secretary, Department of Social Welfare, Government of NCT of Delhi.

"At this stage, learned counsel for respondent No. 5 seeks one last opportunity to comply with the order dated 29.01.2020 of this Court. He is at liberty to take appropriate action in compliance of order dated 29.01.2020 passed by this Court.", the Court directed.

Cause Title- Thiruvara Hansa Pandey & Ors. v. Union Of India & Ors

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