JAIPUR: Even as the rights for Persons with Disabilities (PwD) gives the disability court the status of a civil court and notices issued by it are to be replied within three months as per the Act, various departments under the state government, including labour, energy, law, rural development department and panchayati raj, have taken the court for granted and have not responded to its notices for months, claimed Hemant Bhai Goyal, vice-president, Divyang Adhikar Mahasangh.
They are also supposed to take action on various issues as directed by the court, Goyal said. Under Section 82 of the Act, the state commissioner for specially abled persons shall have the same powers as a civil court under the code of civil procedure, 1908 (5 of 1908). “Every proceeding before a commissioner shall be a judicial proceeding within Sections 193 and 228 of the Indian Penal Code (45 of 1860).
“During an online hearing, secretary, labour and employment had apprised that with regard to giving 5% reservation to differently-abled persons in private sector employment, a draft would be prepared and presented at the competent level. The court issued the order on July 16, 2021, but the labour and employment department has not prepared the draft as yet,” said Goyal.
“The court passed an order on July 16, 2021, that in the new agricultural policy, the energy department should include a provision for providing power connection to the differently-abled farmers on a par with the SC-ST category. But, no action has been taken in this regard.”
“Also, no action has been taken by the rural development and panchayati raj department on giving 5% reservation in MGNREGA work for specially-abled persons as per section 37(b) of the Act,” he added. “Moreover, no action has been taken to nominate PwDs in the panchayati raj bodies on the Chhattisgarh pattern.”
“On the issue of giving priority to specially disabled advocates in the appointment of notary public, the court has written many letters to the law department. But, the result is zero,” Goyal pointed out.
