Today, On 11th July, The Bombay High Court mandated that the state advisory board for disabled persons be made functional within one month. This urgent directive underscores the importance of addressing the needs and rights of disabled individuals promptly.
Mumbai: The Bombay High Court on Thursday instructed the Maharashtra government to operationalize the state advisory board for policies concerning disabled persons within a month.
The High Court urged,
“For God’s sake, do it by then,”
A division bench comprising Chief Justice D K Upadhyaya and Justice Amit Borkar expressed concern over the state’s need for court orders to meet its legal duties. The bench emphasized that the state government should proactively implement laws, particularly those aimed at reform.
The government established the board in accordance with the Rights of Persons with Disabilities Act in 2018, but it remained non-functional since 2020 due to vacant positions for non-official members.
On Wednesday, the HC bench instructed the government to specify a timeline for filling these vacancies and activating the board.
Additional Government Pleader Abhay Patki assured on Thursday that the board would be operational within 15 days.
The HC responded,
“We will give you some more time than 15 days. For God’s sake, do it by then. We direct that the advisory board shall be constituted and made functional within a month from today.”
The court was addressing a suo motu public interest litigation regarding bollards on Mumbai footpaths, which impede accessibility for persons with disabilities. The bench observed that if the state advisory board were functional, the courts would not have to handle issues related to the welfare of disabled persons.
The court noted,
“We could have relegated this matter also to the board. It could have taken all measures,”
The state government should not need court orders to implement laws, particularly reformative ones, the court stated.
Chief Justice Upadhyaya questioned,
“Is there anything more alarming than having to issue directions for an Act? This is your (government’s) obligation. Do you need directions for this as well?”
In July 2023, the Maharashtra government informed the Supreme Court, during a hearing on a related matter, that the state advisory board had been constituted, the bench noted. Although the board was established in 2018, it has been non-functional since 2020 due to vacant positions, the court observed.
Scheduling the next hearing for August 14, the HC stated,
“What is the use of merely constituting a board when it is not functional? We hope and expect that within 30 days the board shall be made functional in all respects,”
This directive comes in response to the government’s apparent neglect of its statutory duties as outlined in the Rights of Persons with Disabilities Act.
Read Also: Calcutta HC Orders PNB to Pay Rs. 3 Lakh for Inhuman Treatment of Disabled Bank Official
The court expressed strong disapproval of the government’s inaction, emphasizing that it should not require judicial intervention to meet its legal responsibilities.
The court’s intervention highlights the critical need for governmental bodies to proactively fulfil their statutory duties and support marginalized groups, ensuring that their rights are upheld, and their needs are met through effective policy frameworks and timely action.