Karnataka High Court Directs Police To Register Visually Challenged Person's Complaint Under PwD Act Instead Of Relegating Him To Common Law Remedy

The Karnataka High Court has made it clear that a disabled person raising a complaint under provisions of the Right of Persons with Disabilities Act, cannot be directed to seek relief under common law remedy.

A single judge bench of S R Krishna Kumar allowed the petition filed by visually challenged Basavanand Swamigalu and set aside a communication issued by the police rejecting his complaint.

The petitioner complained that the offences committed against him attract Section 92 (Punishment for offences of atrocities) of the Right of Persons with Disabilities Act, 2016 and consequently necessary action is to be taken by the Police against the accused person.

However, the police turned down the complaint saying that the only recourse available for the petitioner was to sue for defamation.

The bench on going through the records noted that the complaint of the petitioner has been rejected on the erroneous premise that only recourse available for the petitioner was to sue for defamation, particularly when the complaint show that cognizable offences are alleged.

Pertinent to note that sub-section (a) of Section 92 penalizes the act of intentionally insulting or intimidating with intent to humiliate a person with disability in any place within public view.

Thus the Court allowed the petition and quashed the impugned endorsement. The Police has been directed to register the FIR pursuant to the petitioner’s complaint and proceed further in the matter, as expeditiously as possible.

Case Title: Basavanand Swamigalu And State of Karnataka

Case No: WP 100082/2023

Citation: 2023 LiveLaw (Kar) 94

Date of order: 16-02-2023

Appearance: Advocate Sachin C Angadi for petitioner

HCGP Prashant V Mogali for respondent.