The Petitioner has filed a Petition under Article 32 of the constitution, in Public Interest for implementing the directions passed by this Hon’ble Court In Indian Bank’s Association & Ors vs Devkala Consultancy Service & Ors.
On 25.07.2008, Petitioner under the Right to information Act, sought information from the office of the Comptroller and Auditor General of India with respect to the implementation of the directions passed by this Hon’ble Court in the matter of Indian Bank Association vs. Deva Kala Consultancy.
In view of the information sought by the Petitioner, Ministry of Social Justice and Empowerment, Reserve Bank of India and various banks replied to the Petitioner.
Ministry of Social Justice and Empowerment:
“The trust fund under the Chairmanship of C & AG of India has been constituted vide notification No. 30-03/2004- DD.III dated 22.11.2006. Trust fund account has been opened with the State Bank of Patiala, Shastri Bhawan, and Dr. Rajinder Prasad Road, New Delhi. Draft bye Laws of the Trust Fund are being framed. Further a scheme for grant of scholarship of children with disabilities for coverage under the Trust fund is at an advanced stage of formulation.”
Further a list of banks who have to pay, the list of banks who have deposited the amount as per this Hon’ble Court’s Direction was provided, the names of those banks who have not paid was also provided.
From the perusal of the list of Banks who have paid, the total amount at present which have been calculated is RS. 1509863099./- (one hundred fifty crores ninty eight lakhs sixty three thousand ninty nine only) and in aggregate the total amount calculated form all the Banks will be ….Rs. …
The amount deposited with the C & G is a huge sum and through which various schemes can be formulated for the persons with disabilities, merely by framing the scholarship scheme, the other fundamental rights of the persons with disability and provisions of the PWD Act 1995 and National Trust Act 1999 have been ignored.
Even in the enactment of the proposed scholarship scheme no disability group have been consulted in the formulation of the schemes. Further, The Ministry of Social Justice and Empowerment has already scholarship schemes in place.
The Hon’ble Court issued these directions as mentioned below by taking into consideration various initiatives taken by various courts and the schemes formulated by the Government for the implementation of the Disabilities Act even then the implementation of the Act is far from satisfactory and the disabled are victims of discrimination in spite of the beneficial provisions of the Act.
- Pass an order to the RBI to have all banks pay up the balance amount within a specified date.
- Immediately sanction Rs 100 crore to the National Trust so as to enable them to cover more persons under welfare schemes, open more day care and respite care centers, open residential facilities under Gharonda scheme, to start with atleast 2 such centers in all major states and 1 such center in smaller states for the independent living of adults with disabilities covered under the Act.
- To set up another Trust on the lines of the National Trust for the welfare and care of those suffering from muscular dystrophy and multiple sclerosis and other such disabilities needing extensive care giving. The government to make a grant of Rs 100 crore to set up this Trust.
- To immediately invest in infrastructure for upgrading all educational facilities and residential facilities in special institutions being run by the government for providing education to children with disabilities. Investments to be made towards providing hygienic schooling and residential facilities with resource centres, aids and equipment, uniforms etc.
- To pass a direction for the amendment of the Persons with disabilities Act harmonizing it with the UNCRPD and to ensure that amendments incorporate the setting up of a trust to manage the fund so collected.
0 comments:
Post a Comment