Bombay High Court Urges Action on Disability Rights in Maharashtra

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Today (28th March) During proceedings, the Court learned that the Board had been inactive for over four years, prompting strong disapproval from Chief Justice Devendra Kumar Updhyaya and Justice Arif Doctor.

Maharastra: On Wednesday (27th march,2024): The Bombay High Court , expressed disappointment upon learning that the obligation outlined in the Right of Persons with Disabilities Act, 2016, to establish State Advisory Boards for advising on policies regarding disabled individuals, was not effectively implemented in Maharashtra and remained merely a formality.

Yesterday, the High Court was informed that the Board has been inactive for more than four years. Chief Justice Devendra Kumar Updhyaya and Justice Arif Doctor, presiding over the division bench, raised concern strong disapproval of negligence state of affairs.

The Court questioned

“Two meetings held in 2018-2019, yet not a single meeting conducted over the span of four years? Are court orders necessary to activate a statutory board? Are these parliamentary enactments meant to gather dust on shelves? This state of affairs is unacceptable.”

Earlier, on February 7, the Court directed the State government to furnish details regarding the Board’s actions concerning the accessibility of footpaths. However, government pleader Purnima Kantharia revealed that only two meetings had been convened between 2018 and 2019, with no further sessions held since then, further irking the Court.

The Court remarked,


“If legislation cannot be adhered to, why enact it? Is this legislation to be kept in bookshelves?”

Background:

The Court was addressing a case initiated Suo motu following a letter from a Mumbai resident. The letter raised concerns that bollards installed at the entrances of footpaths in Mumbai, intended as a safety measure, had made the footpaths inaccessible to disabled individuals.

The Court insisted on receiving a thorough response from either the Principal Secretary or Secretary of the pertinent State department within two weeks. Furthermore, it requested clarification regarding the government’s commitment to following the “Harmonised Guidelines and Space Standards for Barrier-Free Built Environment, with the objective of improving accessibility for disabled individuals at bus stops and terminals.

The next hearing on this matter is scheduled in July.

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