HC closes PIL on benefits of J&K's specially-abled persons

High Court of Jammu and Kashmir, Srinagar (GK File Photo: Mubashir Khan)

The High Court Tuesday asked the Government of India (GoI) and the governments of Jammu and Kashmir, and Ladakh to ensure adherence to the laws made for the benefits of specially-abled persons and implementation of the schemes meant for them.

A division bench of Justice Ali Muhammad Magrey and justice VinodChatterjiKoul issued the direction after it was informed that central laws were applied to J&K and due adherence was made to all the benefits out of such legislations.

Closing a Public Interest Litigation filed in 2018 that sought benefits to physically-challenged persons under the Rights of Persons with Disabilities Act, a division bench of Justice Ali Muhammad Magrey and Justice VinodChatterjiKoul said, “We are satisfied with the implementation of the statute on the subject as also the schemes.”

The court closed the PIL after senior Additional Advocate General B A Dar informed it that all the facilities were extended to the physically-challenged persons in J&K and Ladakh.

While Deputy Advocate General Sheikh Feroz on behalf of the Social Welfare Department reiterated the stand taken by the department for extending benefits to the physically-challenged persons, Assistant Solicitor General of India (ASGI) T M Shamsi on behalf of the GoI submitted that the Government of India has fully supported J&K and Ladakh in implementing the schemes meant for benefiting the physically-challenged persons as a component of achieving social justice.

“Monitoring of these schemes and spending of funding is an exclusive responsibility of the J&K administration, “he said.

Reiterating the directions it had passed from time-to-time, the bench said: “We hope and trust that the respondents including the Jammu and Kashmir and Ladakh governments as also the Union of India, shall ensure adherence to the laws made in favour of disabled persons and for ensuring implementation of the scheme.”

However, the court left it open to the petitioner to approach it as and when non-adherence was noticed by him.

“But that should be by submitting details of non-adherence,” the court said closing the PIL.

The PIL filed by one JavedTak was seeking directions for the release of benefits to the disabled persons in J&K under the Rights of Persons with Disabilities Act which he said were not available to these persons.

It was also projected in the PIL that no legislation akin to the Central National Trust Act was passed and as a result, persons with certain mental disabilities were deprived of welfare, care and protection schemes under the central legislation.

The court while registering the writ petition as PIL had taken note of the points raised in it and passed a slew of directions to the government.