Plea Seeking Implementation Of Rights Of Persons With Disabilities Act: Allahabad HC Seeks State's Response, Orders Govt. Buildings Inspection

Sparsh Upadhyay

15 Jan 2021 4:16 AM GMT

  • Plea Seeking Implementation Of Rights Of Persons With Disabilities Act: Allahabad HC Seeks States Response, Orders Govt. Buildings Inspection

    In a petition for writ filed by 16 students seeking complete implementation of the Rights Of Persons With Disabilities Act, 2016, the Allahabad High Court on Wednesday (13th January) allowed the State Government to file a response to the petition and listed the matter for further hearing on Monday (01st February). The Bench of Chief Justice Govind Mathur and Justice...

    In a petition for writ filed by 16 students seeking complete implementation of the Rights Of Persons With Disabilities Act, 2016, the Allahabad High Court on Wednesday (13th January) allowed the State Government to file a response to the petition and listed the matter for further hearing on Monday (01st February).

    The Bench of Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery further directed the District Social Welfare Officer, Prayagraj to make a complete inspection of all the Government buildings situated in the town of Prayagraj (relating to application of the Act of 2016).

    Plea before the Court

    The petitioners, 16 students of different colleges, approached the Court to have complete implementation of the Rights Of Persons With Disabilities Act, 2016 and further to implement the directions as given by the Supreme Court in Rajive Raturi Vs. Union of India and Others.

    [NOTE: In Rajive Raturi (supra), the Apex Court had directed the Central and State Governments, inter alia, to make 50% of all the govt. buildings of the national capital and all the state capitals fully accessible by December 2018.]

    The petitioners before approaching this Court had inspected eight buildings which are under occupation of different government departments. As stated in the plea, it was found in their inspection that no adequate facilities and amenities are available at the buildings aforesaid for differently abled persons.

    The plea by the students submitted that not to implement the provisions of the Act of 2016 and the directions given by Apex Court in the case of Rajiv Raturi (supra) amounts to infringement of fundamental rights of differently abled persons as given under Article 14 and 21 of the Constitution of India.

    Granting time to Standing Counsel appearing on behalf of respondent nos. 1, 2 and 3 to file a response, the Bench directed the District Social Welfare Officer, Prayagraj to file a detailed report pertaining to the inspection (of all the Government buildings situated in the town of Prayagraj) relating to application of the Act of 2016 and also the directions given by the Apex Court in the case of Rajiv Raturi (supra).

    Case title - Shabih Fatima And 15 Others v. State Of U.P. And 2 Others [Public Interest Litigation (PIL) No. - 4 of 2021]

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