The Delhi High Court has observed that the Delhi Government cannot give up on its statutory responsibilities towards persons with disabilities.

A division bench comprising Justice Subramonium Prasad and Justice Renu Bhatnagar sought an explanation from the Delhi Government over its inability to provide a 24-hour attendant to a child suffering from muscular dystrophy.

The Court observed that the provisions of the Rights of Persons with Disabilities Act, 2016, and the duties cast upon the State under the legislation do not indicate that the government can “throw up its hand in despair.”

The Court directed the Delhi Government to file an affidavit clarifying whether the State Fund for Persons with Disabilities, contemplated under Section 88 of the Act, has been constituted and what steps are being taken to fulfil its responsibilities under Section 5 of the legislation.

Section 5 states that persons with disabilities shall have the right to live in the community and that the State Government shall endeavor that such individuals are not obliged to live in any particular living arrangement and be given access to a range of in-house, residential and other community support services, including personal assistance necessary to support living with due regard to age and gender.

The Bench was hearing an appeal filed by a mother challenging a Family Court order dismissing her application over non-compliance with an earlier direction to provide a 24-hour male attendant to her child, who suffered from muscular dystrophy.

On July 20, 2022, the Family Court had directed the District Magistrate and the Secretary of Delhi Government's Health and Family Welfare Department to provide the attendant to the child.

However, the subsequent order under challenge indicated that the government had expressed its inability to provide the necessary manpower.

The Delhi government took the stand that no scheme run by the Women and Child Development Department provided for a male attendant at the child's residence.

During the proceedings, the mother's counsel submitted that Section 5 of the Act requires the government to endeavour to ensure that persons with disabilities are provided arrangements enabling them to lead a dignified life.

It was also argued that the State was duty-bound to facilitate access to community support services and personal assistance necessary for living and community inclusion.

Reliance was also placed on Section 88 of the Act, which provides for the establishment of a State Fund for Persons with Disabilities to support financial assistance and welfare measures for persons with disabilities.

Taking note of the statutory obligations, the Court directed:

“The Government is directed to file an affidavit detailing as to whether the Fund as stipulated under Section 88 RPwD Act has been constituted or not and what steps are being taken by the Government to fulfill its responsibilities as enumerated under Section 5 of the RPwD Act.”

The affidavit has been directed to be filed within four weeks.

The matter will next be heard on December 08.