Delhi High Court has directed the Central Government to consider whether caretakers, attendants and support staff of persons with disabilities could be granted exemption under the National Disaster Manager Act for the purposes of
providing support to the persons with disability, who are unable to take care of themselves without such support.
The Single Bench of Justice Sanjeev Sachdeva has further directed the Central Government to also consider as which category of persons with disability's caretakers, attendants and support staff would be granted exemption and subject to what conditions.
The order has come in a PIL filed a person who's suffering from 100% disability below D5-6 level and accordingly, cannot perform his day-to-day functions without the help of a caretaker/attendant.
In this PIL, the Petitioner has sought a direction to be issued to the Central Government to classify caretakers, attendants and support staff of the persons with disabilities as medical personnel and consequently, grant them exemptions under the National Disaster Management Act, including but not limited to their transit.
Today, the Petitioner had argued that since the caretakers/ support staff are not exempted under the MHA guidelines on nationwide lockdown, they are not in a position to obtain a pass for travelling from their residences to the residence of the person with disabilities to support him.
It was further argued by the Petitioner that some of the caretakers/attendants and support staff are not registered as medical personnel and accordingly, do not satisfy the criteria prescribed by the Government for grant of exemptions under National Disaster Management Act.
ASG Maninder Acharya, who appeared for the Central Government, asked for some time to take instructions.
The court will next take up this matter on May 13.
The Petitioner in this case is being represented by Advocates Karan Mathur and Ivo D'Costa.
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