Calcutta High Court Orders Wheelchair, Business Space For 100% Disabled Petitioner, Says State Cannot Shirk Responsibility As Parens Patriae

In taking exception to the apathy faced by the petitioner at the behest of the State, a single-bench of Justice Sabyasachi Bhattacharya held:

The State has taken a palpably nonchalant attitude in abstaining from hearing of the matter repeatedly. The State cannot shirk its responsibility as parens patriae, having liability to look after citizens who are not able to look after themselves for some reason or the other beyond their own control.

These observations came in a plea moved by the petitioner, challenging the inaction of the State in implementing certain recommendations made by the State Commissioner for Persons with Disabilities, Government of West Bengal in his favour.

The Commissioner had recommended that the petitioner be given a wheelchair under the State’s scheme, as well as benefits under the Scheme for Economic Rehabilitation for the Adult Persons with Disabilities, 2011.

Accordingly, the District Magistrate was directed to provide the petitioner with a wheelchair under the Prosthetic Aids and Appliances Scheme, while keeping in view that the upper body and hand of the petitioner were working, a proposal was given for allocation of some space for the petitioner to start a business of his own.

The said recommendations of the State Commissioner for Persons with Disabilities were absolutely legitimate and valid, the Bench noted.

Accordingly, in directing the State to take up the recommendations made by the State Commissioner, the Bench held that in the event the Prosthetic Aids and Appliances Scheme was unavailable, the State shall provide the petitioner with a wheelchair upon its own cost.

Citation: 2023 LiveLaw (Cal) 301

Case: Palash Das Vs. The State of West Bengal and others

Case No: WPA No. 6653 of 2022

Click Here To Read/Download Order