July 11, 2019
According to the RPWD Act, 2016, special courts for disabled people
must be set up in every district across India. Disability rights activists
point out that not even one special court is set up in the state of Tamil
Nadu. They are gearing up to protest against this government apathy.
It has been over three years since the Rights of Persons with
Disabilities Act, 2016 (RPWD) came into effect yet many of its
provisions are yet to see the light of day. One of them mandates that all
districts across India must have special courts to clear cases. The Tamil
Nadu government has failed terribly in this and activists are up in arms.
Sections 84 and 85 of the RPWD Act clearly states that it is
mandatory to establish special courts in all districts so that cases of
people with disabilities can be done without any hassles. The act also states
that a disabled person must receive a public prosecutor or advocate
free of cost. Unfortunately, not even one special court has been
set up anywhere across the state.
Smita Sadasivam, Member, Disability Rights Alliance had sent
a petition to Madras High Court and other concerned
authorities on August 2018 regarding this matter. Smita points out that she
has not yet received a response from the top court.
Advocate Muruganantham who has been fighting for the rights
of disabled people says most government officials are not even aware of the
RPWD Act, 2016.
The Madras High Court has not yet responded to our petition. It has been
three years and why is there a delay in implementing the act? People keep
asking why a special court must be introduced for disabled community. Look
at our public transport and buildings. Even those are inaccessible and not
disabled friendly. So imagine the plight of fighting for case at a court
along with other people who do not have any disabilities? It is going to be
a tough process. That is precisely why we need exclusive courts for people
from disabled community. – Advocate Muruganantham
He points to a recent case where a girl who had a mental disability was
sexually assaulted at Tirupur. Her case is still pending at the court. “If
there was a special court, the victim would have got speedy justice”.
Disability rights activists, who are tired of the official apathy, will stage
a protest if they do not get their rights. Moreover, a special
court is crucial so that all the provisions that are mentioned under RPWD Act
can be rightly implemented.
TMN Deepak, Co-founder, 3 December movement says that the
Chief Justice of India must ensure that this key provision is rightly
implemented.
“The Tamil Nadu government has failed in implementing disability rights
acts yet again. The state government must work with the judiciary so that
these special courts are introduced without fail. In fact, if you look at it,
none of the provisions of RPWD Act, 2016 are implemented in Tamil Nadu.
Officials are conveniently ignoring rights of the community. Rules have not
come into reality”, says Deepak.
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