SUPREME COURT OF INDIA

Before:- Dr. A.S. Anand, C.J.I., R.C. Lahoti and Brijesh Kumar, JJ.

Writ Petn. (Civil) No. 31 of 2000. D/d. 5.1.2001.

Amita - Petitioner

Versus

Union of India and others - Respondent

For the Petitioner :- Ms. Neeru Vaid, Advocate.

For the Respondents :- Mr. Harish N. Salve, S.G. Mr. A.D.N. Rao, Advocate, Ms. Sushma Suri and Mr. Ambrish Kumar, Advocates.

Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1996, Section 33 - Disabled Persons - Reservation - Reservation for handicapped and disabled - By non-implementation of the Act and the 1995 Rules framed thereunder the very object of the Act is defeated - Court expresses distress on the apathy shown by the Government towards disabled and handicapped persons - Committee ordered to be constituted to prepare revised list so that benefit is made available to them.

[Paras 2 and 5]

ORDER

This is a typical case showing how the laudable object with which the Parliament enacted Disability (Equal Opportunities and Protection of Rights and Full Participation) Act, 1995 and framed rules in 1996, is being frustrated by non-implementation of that Act by the concerned authorities. The list which was drawn-up in 1986 was sought to be revised and we are informed by the learned Solicitor General that an Expert Committee was constituted to revise the 1986 list in 1998. It was re-constituted in July, 1999. The re-constituted Committee also did not submit its report and about three months' after its constitution, it set up three sub-committees, which also seem to have done nothing so far.

2. We are pained and distressed at this apathy being shown towards the unfortunate disabled and handicapped. The attitude of indifference causes us concern.

3. The learned Solicitor Genereal has informed us that he has brought the matter to the knowledge of the Hon'ble Minister for Social Justice and Empowerment and we hope the Minister concerned would look into the matter and take appropriate steps.

4. We direct and hope that within two months from today, the sub-committees would submit their report and within three months from today, the Expert Committee would furnish the revised list to the Government, which shall be placed on record in this Court by the next date.

5. An additional affidavit has been filed by the petitioner on 23rd December, 2000, which is taken on record. Copy of that affidavit has been furnished to the learned Solicitor General also. It would be appropriate that copy of the additional affidavit be also forwarded to the Expert-Committee or the sub-committee for their consideration by the learned Solicitor General so that it can be taken note of while preparing the revised list so that benefit of reservation is made avail-able to the handicapped and the disabled, to enable them to enjoy the benefit of the 1995 Act in letter and spirit.

6. List the matter after 14 weeks.

Order accordingly.