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| PIL seeking facilities for over 36000 handicapped children | | DB directs State to set-up schools for blind, deaf, dumb | |
Jammu, November, 12
A Division Bench of Jammu and Kashmir High Court comprising Chief Justice BA Khan and Justice BA Kirmani in a Public Interest Litigation seeking facilities for more than 36000 children in the age group of 6-14, who have been found highly handicapped and physically challenged, had directed the Secretary Social Welfare Department and the concerned Directors to file their status report. On the directions of the Court the officers have filed their status report and submitted that the issue of determination of 40% of disability and payment of assistance to disabled persons in proportion to the quantum of disability requires amendment in the J&K Persons with Disabilities Act 1998.
The Secretary’s report shows that the State Level coordination committee and executive committee entrusted with the task of coordinating plans and programs for implementing provisions of the Act stand already constituted about two years back. Upon this the DB said it surprising that neither existence of these committees is known, nor is there any evidence of their coordinated action leading to the formulation of any policy or its implementation on the subject of problems faced by disabled persons. As a matter of fact it is a common complaint that Social Welfare Department has been functioning in isolation and mostly found to be dealing with routine matters without their being any policy or plan of action adopted by it to implement provisions of the act. It becomes necessary that the state level coordination committee and executive committee are activated and periodical meetings held by these committees to ensure coordination between various departments and the Government to implement the decisions taken by the committees in their meetings. DB issued directions that Secretary to Government Social Welfare Department to take necessary steps for convening meetings of state level coordination committee and executive committee at least once in three months to review the status of implementation of various plans, policies and programs for the welfare of disabled persons. The Secretary in his report said that there are 36714 children in the age group of 6-14 years, who have been found highly handicapped and physically challenged and whose special needs are required to be attended to. Of these, about 4000 are said to be having impaired vision and an identical number suffering from hearing disability. As on today there is no educational facility for them by way of any separate schools for blind, deaf and dumb. It would be worthwhile considered setting up such schools firstly in the Srinagar and Jammu cities. The Secretary Social Welfare and his two Directors are directed to take steps for establishment of these schools in the two cities in the first instance and also to examine and explore possibility of setting-up of similar schools at suitable locations in each district
There are complainants that the proposals submitted by the state Government to Union Ministry of Social Justice and Empowerment are going unattended and similarly various schemes provided for by the Ministry are neither known nor are being effectively implemented. The Division Bench directed the concerned Union Ministry to accord consideration to all pending proposals of the state Government on the subject and to ensure accord of consideration and clearance thereof expeditiously. He is also directed to take necessary steps to make public various schemes, which are available for physically handicapped persons in the state and to cause filling up status of implementation of such schemes through any competent authority before this Court one week in advance before the next date. The Union Secretary is further directed to provide details of any funds provided to NGOs operating in the state and also the activities undertaken by them and to provide similar list to the Secretary to Government Social Welfare Dept J&K for his information or any monitoring which may be required.
DB took serious note of the complaints against DCs and CMOs sitting over cases of payment of pension to disabled persons even though the same are cleared by the Social Welfare Dept. DB upon these complaints directed all Deputy Commissioners and Chief Medical Officers of the State to dispose of all pending cases of payment of pension to disabled persons within two weeks from receipt of this order and to show compliance. Each of these authorities shall submit undertakings before the Court that no such case will remain pending with them for more than two weeks after its receipt by them from Social Welfare Department.
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