August 23, 2019
The Delhi government’s decision to set up Special Courts in each
district of Delhi to try offences under the Rights of Persons with
Disabilities Act 2016 has been received with much cheer. The announcement has
come after the State Commissioner for Disabilities T D Dhariyal issued a suo
moto order.
Four years after she filed a case against the Directorate of
Education, Government of Delhi over her son’s school admission,
AS*, who does not wish to be identified, withdrew her
petition earlier this year. “I was fed up of court hearings being postponed
endlessly, the running around and the waiting”, she says. AS says she has
admitted her son, who has mild autism, to a local centre and has given up on
her dream of enrolling him in a mainstream school.
When AS heard about the Delhi government’s decision to set up Special Courts
in each district to try offences against people with disabilities under the
Rights of Persons with Disabilities Act 2016, it was a
bittersweet feeling. “I am happy that others will not need to face the kind
of issues I did. But I wish this had been there when I fought my case because
then I am sure my son would have got admission into a mainstream school”.
In its order dated 19 August, the Delhi government has announced
– “In pursuance of the provisions of Section 84 of RPWD Act 2016, the
court of Additional Sessions Judge-02 in each district in the jurisdiction of
Delhi is designated as Special Court to try the offences under the Rights of
Persons with Disabilities Act, 2016. This issues with prior approval of
Honourable Minister (Law), Government of NCT of Delhi”.
This comes less than a month after the State Commissioner for
Disabilities T D Dhariyal issued a suo moto order threatening to
approach the Delhi High Court seeking implementation of
Sections 84 and 85 of the RPWD Act without delay. In his letter, addressed to
the Principal Secretary, Department of Law, Justice & Legislative
Affairs, Government of NCT of Delhi, Mr Dhariyal said that for every
Special Court, the government must specify a public prosecutor or appoint an
advocate, who has been in practice for not less than seven years, as a
Special Public Prosecutor for the purpose of conducting
cases in that court.
He also mentioned the specific qualifications the public prosecutor must
have:
Speaking to NewzHook, Mr Dhariyal said he was happy and
satisfied with the announcement, although it could have been done many months
ago.
This is a very powerful order and I am happy. This means that now if the
State Disabilities Commissioner receives any complaint regarding violation
of the RPWD Act or even the 1995 Disabilities Act and the complaint is
found to be valid, then an order can be issued to the agency or person
responsible for the violation to address it. If the complainant has not
been given direction as per my order or no explanation has been given for
the non-compliance within three months, the matter will be taken up by the
Special Courts. – T D Dhariyal, State Commissioner for Persons with
Disabilities, Delhi
Mr Dhariyal encourages the community to come forward with complaints.
“Anybody can come and if I find there has been a violation, even under the
1995 Act, an order can be passed”.
Shailja Sharma, a legal expert in disability matters and
parent to a child with disability, believes the courts will significantly
impact the disabled community. “In the absence of such Special Courts, you
have to follow a long procedure to go to various departments or approach the
Disabilities Commissioner, be it a hospital-related issue or road rage. This
will help resolve matters quicker”.
