The Delhi High Court has expressed disappointment with the Delhi government for “miserably failing” to carry out its duty as “State” towards two children seeking assistance and support in terms of the Rights of Persons with Disabilities Act.
Justice Gaurang Kanth remarked that the Delhi government in spite of giving assurance over two years ago that it would “take all possible steps in the best interest of the children” suffering from cerebral palsy, has not been able to take steps to provide adequate assistance.
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“The affidavit filed by Joint Director (CPU), Department of Women and Child Development, Government of Delhi, shows the sorry state of affairs of children in the State of Delhi. The affidavit has been filed to address the concern of this Court in providing assistance to petitioner No. 1 & 2 (children),” Justice Kanth said.
“On the one hand, respondent No. 5 (Delhi government) is assuring this Court to take all possible steps in the best interest of the children in the State of Delhi, but even after two-and-a-half years of giving this assurance to this Court, respondent No. 5 has miserably failed to carry out their duties as a ‘State’,” the judge said.
“It appears that respondent No. 5 is not in a position to even consider the case of petitioner Nos. 1 & 2 positively or to take any steps for providing adequate assistance to support the needs of the petitioners,” it added.
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Justice Kanth cautioned the Delhi government that its conduct was “highly contemptuous” and he was inclined to issue contempt notice to the Secretary, Department of Social Welfare, Delhi. The judge, however, proceeded to grant “one last opportunity” to the government to take appropriate action.
On January 29, 2020, the high court had directed the Department of Social Welfare, Delhi government to consider the case of children and take a decision on the support that needs to be provided to them in view of the mandate as well as the object and purpose of the Rights of Persons with Disabilities Act.
