HC raps state for non-functional advisory board under Disability Act

Bombay High Court reprimands Maharashtra govt for not operationalizing State Advisory Board for Persons with Disabilities Act, 2016, despite establishment in 2018.

MUMBAI: The Bombay High Court on Wednesday reprimanded the state government for failing to operationalise the State Advisory Board under the Rights of Persons with Physical Disabilities Act, 2016, despite its establishment in 2018. The division bench of chief justice Devendra Kumar Upadhyay and justice Amit Borkar expressed their frustration with the state’s neglect in appointing non-official members to the board, rendering it non-functional since 2020.

HT Image

“We are not asking you to follow our orders as this 2016 Act has been introduced by the Parliament. So, will you not follow the mandate of the Parliament?” chief justice Upadhyay questioned the state, highlighting the severity of the issue.

The court was hearing a suo motu Public Interest Litigation (PIL), initiated after receiving an email from Karan Sunil Shah, a 25-year-old wheelchair user from Shivaji Park. Shah’s email raised concerns about bollards on footpaths in Mumbai, which obstructed smooth movement for wheelchair-bound individuals.

The court in its order noted that the Advisory Board was constituted on February 27, 2018, as mandated by the 2016 Act. However, the state government later withdrew non-official members in 2020, effectively making the board non-functional. This withdrawal left the board unable to fulfill its crucial role of advocating for people with disabilities and coordinating activities across various state departments.

The judges highlighted the urgency of the situation, noting that the commissioner for Persons with Disabilities had proposed appointing members on July 27, 2023. Despite this proposal, no action was taken, leaving the board inactive for nearly a year. “There cannot be any justification whatsoever for the matter being pending even though a period of about one year has elapsed since the commissioner made his proposal,” the bench stated.

Senior advocate Anil Singh, representing the Brihanmumbai Municipal Corporation (BMC), and advocate Akshay Shinde, representing the Mumbai Metropolitan Regional Development Authority (MMRDA), informed the court that bollards in their respective jurisdictions had been removed. The bench, however, directed both the BMC and MMRDA to file affidavits detailing the number of bollards removed and other measures taken to facilitate smooth movement of physically disabled persons.

In its order, the bench mandated the state government to clarify its position on the Advisory Board by Thursday. “The 2016 Act came into force on April 19, 2017, and accordingly, the state ought to have taken steps to make the board functional to achieve the purpose for which the Act was passed by the Parliament,” the bench noted. The court further warned that if clear instructions are not provided, it may summon a senior officer for further assistance.

The high court will continue to hear the suo motu PIL on Thursday, demanding accountability and immediate action from the Maharashtra government regarding the non-functional Advisory Board.