"Sorry State Of Affairs": High Court Expresses Displeasure Over Delhi Govt's Failure To Provide Assistance To Two Children Under PwD Act

The Delhi High Court has expressed displeasure over failure of the Delhi Government in providing support and assistance to two children under the Rights of Persons with Disabilities Act, 2016, despite the lapse of more than two and half years.

Justice Gaurang Kanth noted that even after two and a half years of giving assurance to the Court, the Delhi Government miserably failed to carry out its duties as a 'State'.

The Delhi Government in January 2020 was directed to consider the case of the two children and take a decision on the support that needs to be provided to them, keeping in view the mandate as well as the object and purpose of Rights of Persons with Disabilities Act, 2016.

Taking note of the fact that the Delhi Government, being the appropriate Government, had not notified 'Authority' as required under sec. 38(1) of the Act and no scheme was there to cover the case of the children, the High Court had directed it to consider the case of the children not as the 'Appropriate Authority' but as a State, responsible for taking steps to protect the best interest of all the children residing in the city.

In the recent affidavit dated September 9, 2022 filed after a delay of more than two and half years, the Delhi Government informed the Court that a letter dated February 10, 2020 was addressed to the Deputy Director (Disability), Department of Social Welfare for the consideration of the issue relating to the welfare of child with disability and further implementation the provisions of the Rights of Persons with Disabilities Act, 2016.

The Department of WCD also assured the Court for taking all necessary steps so as to protect the best interest of children in the city.

Expressing displeasure with the affidavit, the Court said:

"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 affidavit has been filed to address the concern of this Court in providing assistance to petitioner No. 1 & 2. 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 also noted that the Delhi Government was not in a position to even consider the case of the two children or to take any steps for providing adequate assistance to support their needs.

"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 ordered.

The Court also granted a final opportunity to the Delhi Government to file affidavit in compliance of the 2020 order within a period of two weeks, failing which the concerned officer shall remain present in Court for explaining the reasons for non-filing of the same.

The matter will now be heard on September 23.

Case Title: THIRUVARA HANSA PANDEY & ORS. v. UNION OF INDIA & ORS.

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