Special Courts To Try Offences Under Rights Of Persons With Disabilities Act? Delhi High Court Appoints Sr Adv Hariharan As Amicus Curiae

The Delhi High Court has appointed Senior Advocate N. Hariharan as amicus curiae to assist it in deciding as to how can a special court be constituted to try offences under Rights of Persons with Disabilities Act, 2016.

Justice Swarana Kanta Sharma also sought Hariharan’s assistance on how “speedy and fair trial” for the differently abled persons can be ensured and how “judicial system can be improved” for the benefit of such persons in courts.

The court was hearing a plea moved by Rakesh Kumar Kalra, a deaf individual, who was appearing in person.

“A copy of this order along with a complete set of paper book be delivered to Mr. N.Hariharan, Senior Advocate forthwith,” the court said while listing the matter for hearing next on February 21.

Chapter XIII of the enactment deals with provisions concerning creation of special court. 

Section 84 states that for providing speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, specify a Court of Session to be a Special Court for each district to try the offences under the Act.

Section 85 states that for every Special Court, the State Government may specify a Public Prosecutor or appoint an advocate, who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for conducting cases such a court.

It adds that the Special Public Prosecutor so appointed shall be entitled to receive such fees or remuneration as may be prescribed by the State Government.

Chapter XVI of the RPwD Act specifies offences and penalties under the enactment.

Section 89 states that any person who contravenes any of the provisions of the Act shall, for first contravention, be punishable with fine which may extend upto Rs. 10,000.

For any subsequent contravention, the provision states that a fine of not less than Rs. 50,000 which may extend to Rs. 5 lakhs is to be paid.

Case Title: RAKESH KUMAR KALRA DEAF DIVAYANG v. STATE GOVT OF NCT DELHI

Click Here To Read Order