Centre rapped for policy on disabled

By Pradeep Rana,

Times News Network

New Delhi: Delhi high court has ordered the Union government to constitute medical authorities for granting certificates to the physically challenged as required under the disability Act.

In a public interest litigation (PIL) on the issue, a division Bench comprising Chief Justice S B Sinha and Justice A K Sikri recently directed the ministry of health and ministry of social justice to stop passing the buck and issue a formal notification for the formation of medical authorities with immediate effect so that the physically challenged are no longer deprived of the benefits they are entitled to under the Persons with Disabilities (Equal Opportunities and Protection of Rights and Full Participation) Act of 1995.

The court expressed concern that for six years the government had not taken the step. The PIL was filed by a lawyers' group - Social Jurists.

While directing the government to bring out the notification, the Bench said: "The government is also directed to give wide publicity to the constitution of aforesaid medical authorities by using electronic as well as print media so that the disabled persons who need the required certificates know from where they can obtain such certificates after getting themselves examined."

"The aforesaid hospitals constituted as medical authorities...should be displayed on the notice board of the hospitals as well as prominent places in the hospital premises," the Bench said.

The PIL highlighted the governmental apathy toward the cause reflected in its failure to create full-fledged medical boards from where the physically challenged could get the certificate and avail benefits.

Under the Act, the government is duty-bound to create medical boards for the assessment of disability and proportion of benefits to be awarded to the person.

The court had taken up the hearings on priority after it was requested that a protracted litigation would prolong the suffering of the physically challenged.

The PIL stated nearly two lakh physically challenged people were facing difficulty in getting medical certificate from the government for the purpose of employment, relief or admission to educational institutions.

Source: The Times of India
Dated :20th August, 2002