In a Public Interest Litigation filed under Article 226 concerning the implementation of disability rights laws, the Court noted significant changes in laws and administrative guidelines since the petition's filing.
The writ petition was closed with liberty to the petitioner to file a fresh writ petition if any issue remains unaddressed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.923 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE N.MALA
W.P.No.923 of 2007
M.Gnanasambandam
.. Petitioner
Vs.
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W.P.No.923 of 2007
10.The Director Directorate of Rahabilitation of the Disabled Chennai.
11.The Secretary Transport Department Government of Tamil Nadu Secretariat Chennai 600 009. .. Respondents [R11 impleaded vide order dated 11.11.2016]
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W.P.No.923 of 2007
Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents to take the following measures to facilitate the effective implementation of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995:
I. To frame and notify comprehensive Rules immediately for according recognition to various types of Schemes (Educational Institutions for the Disabled) as provided under Chapter V Education under the PWD Act.
II. To distribute scholarships to all school going children with disabilities in time.
III. To direct the Central and State Governments to issue notifications to make schemes to provide Aids and Appliances to persons with Disabilities.
IV. To direct the respondents to enquire into in detail from the year 2002 onwards about the alleged violations in the distributions of Aids and Appliances under ADIP Scheme as well as Inclusive Education Programme under Sarva Shiksha Abiyan and submit a Report before this Hon'ble Court.
V. To direct the respondents to initiate necessary punitive action against those responsible for such kinds of nefarious acts and take suitable measures to prevent such malpractices in future.
VI. To direct the respondents to make schemes providing for medical benefits, expenses and treatment for persons with Disabilities.
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W.P.No.923 of 2007
VII. To direct the respondents to make provisions for terminally ill and chronically sick children with disabilities as well as adult and aged persons with disabilities for providing life ling care, protection and medical treatment free of cost, irrespective of the type of disability.
VIII. To direct the respondents to provide with appropriate social security to the destitute and abandoned children as well as adult and aged persons with disabilities, till their death, irrespective of the type of disability.
IX. To direct the respondents to streamline the admission of persons afflicted with mental illness in appropriate Pshychiatric Rehabilitation Centres.
X. To direct the respondents to form a Monitoring Authority or Enforcement Mechanism at the State as well as District levels which can be empowered to supervise and report to the Chief Commissioner for Persons with Disabilities and the State Commissioner for the Disabled about the proper implementation of the provisions of the Act in the respective States.
XI. To direct the respondents to entrust the State and District Legal Services Authority with the task of protecting the rights of persons with Disabilities.
XII. To direct the respondents to bring all the social legislations
viz.,
i. The Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995.
ii. The National Trust for Welfare of Persons with Autism,
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W.P.No.923 of 2007
and
Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999; and
iii. The Juvenile Justice (Care and Protection of Children) Act 2000 under one umbrella; and
XIII. To direct the respondents to empower the State and District Legal Service Authorities to supervise the smooth functioning of the above Acts at all levels.
For the Petitioner : Mr.T.Mohan Amicus Curiae
For the Respondents : Mr.R.Shumugasundaram Advocate General Assisted by Mr.P.Muthukumar State Government Pleader for Respondents 3 to 11
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The writ petition was registered as Public Interest Litigation, pursuant to the letter written by the petitioner.
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W.P.No.923 of 2007
were issued by this Court while taking cognizance of the matter and sought for compliance. The compliance report has been submitted from time to time.
(M.N.B., CJ.) (N.M., J.)
05.07.2022 Index : Yes/No
kpl
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W.P.No.923 of 2007
To:
Directorate of Rahabilitation of the Disabled, Chennai.
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W.P.No.923 of 2007
Secretariat, Chennai 600 009.
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W.P.No.923 of 2007
M.N.BHANDARI, CJ AND N.MALA,J.
(kpl)
W.P.No.923 of 2007
05.07.2022
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1 issue framed by the court
Whether the writ petition raising concerns regarding the implementation of disability rights legislations requires further directions or closure.
4 provisions across 4 enactments
M. Gnanasambandam
Government of India
The State of Tamil Nadu
Munishwar Nath Bhandari
N. Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
