Case Note & Summary
The judgment concerns a public interest litigation filed by Prerna Apang Seva Sanghatana, a society registered under the Societies Registration Act, 1860, with the objective of rehabilitating persons with disabilities. The petition was originally filed at the Aurangabad bench of the Bombay High Court and later transferred to the Principal Seat at Mumbai. Since no one appeared for the petitioner after transfer, Shri Uday P. Warunjikar was appointed as Amicus Curiae. The petition highlighted the failure of the State of Maharashtra to implement various provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The specific grievances included: (i) improper constitution of the State Coordination Committee under Section 13, which performs important functions under Section 18; (ii) regular meetings of the State Coordination Committee not being held; (iii) improper constitution of the State Executive Committee under Section 19, particularly the appointment under Clause (e) of Sub-section (2); (iv) meetings of the State Executive Committee not being regularly held; (v) Annual Report under Section 65 not prepared or submitted after the Financial Year 2006-2007; and (vi) other related failures. The court, with the assistance of the Amicus Curiae, examined the grievances and found that the State had indeed failed to comply with its statutory obligations. The court directed the State Government to take immediate steps to properly constitute the State Coordination Committee and the State Executive Committee in accordance with the Act, ensure regular meetings, and prepare and submit the Annual Report. The judgment emphasizes the importance of these committees in the effective implementation of the Disabilities Act and the need for the State to fulfill its duties towards persons with disabilities.
Headnote
A) Disability Law - Implementation of Persons with Disabilities Act, 1995 - Sections 13, 18, 19, 65 - Failure to Constitute Committees and Submit Reports - The State Government failed to properly constitute the State Coordination Committee under Section 13 and the State Executive Committee under Section 19, and did not hold regular meetings or submit Annual Reports after 2006-2007 - Court directed the State to comply with statutory obligations within three months - Held that the State must ensure proper implementation of the Act (Paras 1-5).
Issue of Consideration
Whether the State of Maharashtra has failed to implement the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, particularly regarding constitution of committees, holding meetings, and submission of annual reports.
Final Decision
The court directed the State of Maharashtra to take immediate steps to properly constitute the State Coordination Committee under Section 13 and the State Executive Committee under Section 19 of the Persons with Disabilities Act, 1995, ensure regular meetings, and prepare and submit the Annual Report under Section 65. The State was directed to comply within three months.
Law Points
- Statutory obligation to constitute State Coordination Committee under Section 13
- State Executive Committee under Section 19
- hold regular meetings
- and submit Annual Report under Section 65 of the Persons with Disabilities (Equal Opportunities
- Protection of Rights and Full Participation) Act
- 1995
