Jharkhand HC notice to varsities on extra time to disabled examinee

The Petitioner has filed a Petition on Behalf of the Viklang Manch Jharkhand against the state of Jharkhand.

The petitioner in the writ petition is the President of the Jharkhand Viklang Manch which is a premier organization in the State of Jharkhand, working for the welfare and rights of disabled people since last 7 years.

He is a social activist and a Public Spirited citizen of India and is residing within the territorial jurisdiction of this Hon’ble Court. Therefore, he wields the right to file a PIL for protection of the Rights of the Visually Impaired.

The PIL relates to objection raised by Jharkhand Viklang Manch when it challenged the notification issued by Jharkhand academic council ahead of the teacher eligibility test-2012 which stated that no extra time would be granted to disabled candidates.

The court had admitted a part of the petition to seek stand of the government in granting extra time to disabled candidates in all other examination.

It is, therefore, humbly prayed that this Hon’ble Court may graciously be pleased to: To Direct the Respondents to Re conduct the examinations of persons with disabilities who could not take up their exam due to lack of proper arrangements such as no additional time provided and no proper scribe facility.

HRLN has filed a PIL to treat the Hemophilia affected Poor Patients free of cost

The Petitioner has filed a petition against Department of Health state of Maharashtra who has been diagnosed with Hemophilia Type A & Type B & Other diseases having developed inhibitor in the body against Factor VIII.  The normal dosage and Factor VIII replacement are unable to prevent bleeding. He either requires FEIBA (Factor Eight Inhibitor Bypassing Activity) Concentrate or Factor VIIa - (Activated Factor VII) which are prohibitively costly i.e. each unit cost Rs.50 per unit and Rs.43, 000 per Milligram respectively.

Vinay requires the infusion of at least 4,000 to 6,000 units of FEIBA or 6 mg of F VIIa per bleeding episode, costing approximately Rs.3, 00,000 per episode.  And others this explains the financial burden faced by each person with hemophilia. 3.  

The Petitioners seek to invoke the constitutional jurisdiction of this Hon’ble High Court, aggrieved by the acts of omission and commission of the Respondents which has led to the lack of a comprehensive policy and plan of action, particularly in the State of Maharashtra, towards the diagnosis and treatment of Hemophiliacs, which has resulted in a large number of deaths of Hemophiliacs.

It is therefore prayed that this Hon’ble Court may be pleased to pass an Order or Direction or a Writ particularly in the nature of Writ of Mandamus,   

• To ensure that all persons afflicted with Hemophilia are provided with the necessary treatment free of cost.
• To provide for mandatory screening of newborns to ensure the early diagnosis of those afflicted with Hemophilia
• To bring all types of Anti Hemophilic factors (i.e. Factor VIII, Factor IX, FEIBA, Activated Factor VII and Von Willebrand Factor) medicine under the Drug Prices Control Order, 1995.
• To invoke Compulsory Licensing as per the provisions of  Section 84 of the Patent Act 1970, to undertake the manufacture and distribution of Hemophilic Drugs
• Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to ensure that all persons afflicted with Hemophilia are provided with the necessary treatment as and when required, free of cost.
• Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to provide for mandatory screening of newborns to ensure the early diagnosis of those afflicted with Hemophilia
• Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to provide necessary treatment as and when required free of cost to hemophiliacs.
• Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to bring all types of Anti Hemophilic factors (i.e. Factor VIII, Factor IX, FEIBA, Activated Factor VII and Von Willebrand Factor) medicine under the Drug Control Order
• Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to invoke Compulsory Licensing as per the provisions of  Section 84 of the Patent Act 1970, to undertake the manufacture and distribution of Hemophilic Drugs

Persons with disabilities felt panicked & insecure about their employment and source of livelihood

The Petitioner has filed a PIL for the enforcement of the fundamental rights of the people with disability under Articles 14, 16, 19 and 21 of the Constitution of India.

The Petitioner is a registered organisation for persons with disabilities. The organisation was established in the year 1992 with the objective of accessing Rights and welfare of persons with disabilities. The Association has a membership of around 500 people all over Karnataka. The Petitioner as an association of Persons with disabilities also represents all the disabled people and their families all over Karnataka, who are affected by the action of the First, Second and Third Respondents, calling for tenders for allotment of STD Booths.

The Petitioner states that the booths were allotted on the basis of letter sent from Office Of Director General, Posts and Telegraphs to the General Manager, Telephones, Delhi Telephone District, New Delhi-110050, dated 23rd December 1980 stating about the welfare schemes for ensuring the self employment and livelihood for handicapped people by providing public telephone booths at airports / railway stations and bus stands and other public places.

The Respondents cannot ask the present booth holders to vacate and give the booths to others who can pay a better price as it violates the very object of the scheme and the Act which is to ensure welfare of the disabled

As the date of expiry of the license came near and also as the Government started calling for fresh tenders for allotting STD/ISD Booths in various Bus Stations, the persons with disabilities felt panicky and absolutely insecure about their employment and source of livelihood. In similar scenario in other states Various High Courts were approached for granting interim stay against allotting the booths or issuing license to any other persons other than those who are already license holders. The courts such as in the case of the High Courts of Tamil nadu and Kerala, after examining the issue, have ordered stay against calling for tenders

It is therefore prayed that this Hon’ble Court may be pleased to pass an Order or Direction or a Writ particularly in the nature of Writ of Mandamus,

To quash the Tender Notification dated 16/11/2007 produced.
Directing the First and Second Respondents not to displace the persons with disability who are presently running the STD/ISD/PCO booths from their present location of self employment...
Directing the Respondents No.1 to 3 to extend the licences granted to the existing allottees to run STD/ISD/PCO booths in the BMTC stations.
Directing the Respondents to not pass any order, direction, Notification, etc., or undertake any action, resulting in the existing allottees loosing their present employment and occupation of STD/ISD/PCO booths in the BMTC stations.
In the alternative, to a rehabilitation Scheme under Sections 38 and 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 for the existing allottees and to not displace them from their present occupation till such rehabilitation scheme is implemented. Pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the Case and thus render justice.

HRLN filed Special Leave Petition (SLP) on Asha Kiran final Order by the Hon'ble High Court of Delhi

The Petitioner seeks Special Leave Petition which challenged the final order and judgment dated 07.09.2012 passed by the Hon’ble High Court of Delhi at New Delhi in Writ Petition (C.) No. 8229 of 2011 whereby the writ petition filed by the petitioners was disposed of by the Hon’ble High Court holding that the action taken plan/report as submitted by the respondents would go a long way in improving the conditions of Asha Kiran Home.

Further that the Hon’ble High Court ‘hopes and expects’ adherence of the said report by the respondents. The Hon’ble High Court also held that it expects the Government Authorities to take into consideration the suggestions of the interveners/petitioners on the actions proposed by the respondents.

It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:

• Grant Special Leave to Appeal against the impugned judgment and final order dated 07.09.2012 passed by the Hon’ble High Court of Delhi at New Delhi in W.P.(C.) No. 8229 of 2011.]
• Pass any such further order as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

HRLN has filed a PIL to Recruit the Persons with disability in the High Court of Jharkhand

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.

HRLN filed a PIL to implement the Government scheme for Disabled People in Indian Banks

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.

The Delhi High Court issues notices to the Government of Delhi and Union of India in the wake of Kamlesh’s tragic maternal death at Sanjay Ghandi Memorial Hospital

In August 2013 the late Kamlesh went to Sanjay Ghandi Memorial Hospital (SGMH) for delivery. During her pregnancy, Kamlesh went for regular antenatal check-ups. However, she did not have the assistance of a field level health worker (ASHA) or access to government benefit schemes for pregnant women. Although Kamlesh had recorded mild to severe anemia during her pregnancy, health workers at SGMH never flagged this risk factor for dangerous deliveries.

Kamlesh delivered a healthy baby boy on 6th August 2013. After 2.5 hours of delivery the hospital staff told the family that Kamlesh’s had developed an infection that caused post-partum hemorrhage. The hospital had to perform a hysterectomy (uterus removal) to stop the bleeding. After her operation, the hospital staff refused to touch Kamlesh. They forced her family members to clean Kamlesh’s body, to change her sanitary pads, and to dispose of the medical waste leaking from her wounds.

When Kamlesh was fighting for her life, the hospital gave discharge papers to the family for the newborn but did not let the family take the baby because Kamlesh’s husband would run away with the baby and abandon his wife. The infant was kept in nursery without regular checkups.

Kamlesh died on 15 August 2013 from septicemia leading to hemorrhage. From 05.08.2013 to 15.08.2013 Kamlesh’s family provided care for her at the hospital. Although all delivery-related services should be free under Union of India schemes, the family spent Rs.30,000 on blood, travelling, and cremation. The hospital refused to call an ambulance for the family, forcing them to pay Rs. 500/- for a private vehicle.

India accounts for the highest number of maternal deaths in the world. According to the WHO, an Indian woman dies in childbirth every eight minutes. The vast majority of these deaths are preventable where women have access to adequate antenatal care, delivery services, and post-natal treatment.Despite myriad government schemes and the Delhi High Court’s groundbreaking orders in Laxmi Mandal vs. Deen Dayal Hari Nagar Hospital & Ors, women in Delhi continue to suffer as a result of inadequate implementation of government schemes and disregard for fundamental rights. The petition prays for compensation for Kamlesh’s family, implementation of government schemes, a comprehensive maternal death review, an evaluation of Sanjay Ghandi Memorial Hospital’s maternity ward, and a report on the Respondents’ actions to improve maternal health care after the Laxmi Mandal orders. The case will be heard in February after the Respondents have filed replies.