The High Court of Karnataka on Wednesday directed the State government to ensure that authorities are properly instructed to issue certificate of disability by processing the physical forms received and not to insist on submission of applications online as the online facility was merely an additional way to receive applications as per the law.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar issued directions on a PIL petition, filed by Chandrashekhar Puttappa and two others from Bengaluru, seeking direction for effective enforcement the Rights of Persons with Disabilities Act, 2016.
Though the State government, following a direction issued by the court, framed and notified the Karnataka State Right of Persons with Disabilities Rules, 2019, it was pointed out by petitioners’ counsel that the certifying authorities are insisting on submitting applications online though Rule 14 enables submissions in physical form.
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After analysing the Rules, the Bench directed the government to issue necessary instruction to issue certificates within a month as prescribed, acting on the applications filed in physical form and verifying disability as per the law.
Mental Health Care Act
The Bench, hearing another PIL petition filed by N. Sanjay and another person from Bengaluru, that had complained about the failure of the State government to implement the Mental Health Care (MHC) Act, 2017, has set a deadline of one month for the fovernment to constitute the State Mental Health Authority (SMHA) and appoint a CEO to the authority as per the law.
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Observing that the government had breached the mandate of the MHC Act as the deadline to constitute the SMHA was January 6, 2018, the Bench said the SMHA, within two months of its constitution, should set up Mental Health Review Boards as prescribed in the Act.
It also directed the Centre to take necessary steps within two months for approving the draft State Rules framed by the State government under the MHC Act.