Delhi High Court - Orders
National Federation Of The Blind vs Union Of India & Anr on 22 July, 2020
Author: Prateek Jalan
Bench: Chief Justice, Prateek Jalan
$~7.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3976/2020 & CM No.14270/2020 (directions)
NATIONAL FEDERATION OF THE BLIND ..... Petitioner
Through: Mr.S.K.Rungta, Sr.Adv. (Appearing
in person).
Versus
UNION OF INDIA & ANR. ..... Respondents
Through: Ms.Chetan Sharma, ASG with
Ms.Monika Arora, CGSC; Mr.Vivek Goyal,
CGSC and Mr.Amit Gupta, Ms.Ankita Shah,
Advs.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 22.07.2020 Proceedings of the matter have been conducted through video conferencing.
1. Mr. S. K. Rungta, General Secretary of the petitioner submitted that as per the provisions of Section 37(b) of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as „the Disabilities Act‟), a reservation of 5% has been provided to persons with disabilities in all poverty alleviation and various developmental schemes. He further submitted that poverty alleviation schemes enacted under any law for the time being in force are also covered under Section 37(b) of the Disabilities Act. For ready reference, Section 37 (b) of the Disabilities Act is reproduced hereunder:-
"37. The appropriate Government and the local authorities shall, by notification, make schemes in W.P.(C) No.3976/2020 Page 1 of 4 Signature Not Verified Digitally Signed By:JUSTICE D N PATEL Location: Signing Date:22.07.2020 21:12:59 favour of persons with benchmark disabilities, to provide,--
(a) xxx xxx xxx
(b) five per cent reservation in all poverty alleviation and various developmental schemes with priority to women with benchmark disabilities;"
(emphasis supplied)
2. It is, accordingly, submitted by Mr.Rungta that Pradhan Mantri Garib Kalyan Anna Yojana and schemes established under the National Food Security Act, 2013 are poverty alleviation schemes and, therefore, covered under Section 37(b) of the Disabilities Act. Mr. Rungta further submitted that under Section 24(1) of the Disabilities Act, the benefit of Pradhan Mantri Garib Kalyan Anna Yojana should be extended and made applicable to all the persons as prayed for in the memo of this writ petition.
3. It is further submitted by Mr.Rungta, on the basis of the affidavit filed by the concerned respondent authorities, especially looking to paragraph (G) of the counter affidavit at page No.101, that benefits of Pradhan Mantri Garib Kalyan Anna Yojana should be made applicable to all the persons who are covered under the Disabilities Act, 2016 and since the said benefit is only for a limited period, therefore, even though, the persons who are covered under the Disabilities Act and are not having ration cards, they should be provided ration under the said scheme on the basis of their Disability Certificates which are issued by competent authority. At the same time, when such persons come to collect their ration for the first time, the relevant formalities may be completed for issuance of ration cards to them at the earliest to enable them to get their ration next time under the W.P.(C) No.3976/2020 Page 2 of 4 Signature Not Verified Digitally Signed By:JUSTICE D N PATEL Location: Signing Date:22.07.2020 21:12:59 said scheme on the basis of their newly made ration cards. Paragraph (G) of the counter affidavit reads as under:-
"G. Comments furnished by Department of Empowerment of Persons with Disabilities, Ministry of Social Justice & Empowerment, i.e. the 2nd respondent:
The Central Government has enacted the Rights of Persons with Disabilities Act, 2016 (RPwD) and the rules thereto in 2017. As per Section 37 (b) of the RPwD Act, 2016, the appropriate Governments are required to frame schemes and programmes in favour of Persons with Benchmark Disabilities (benchmark disability means disability of 40% or more) to provide for 5% reservation in poverty alleviation schemes and development schemes giving priority to women and benchmark disabilities.
The food security programme under the National Food Security Act, 2013 is mainly aimed at uplifting of the poor and hence construed as a poverty alleviation programme. Therefore, the provision of reservation as per Section 37 (b) of the RPwD Act mandating of 5% in food security is applicable.
As per Section 96 of the RPwD Act, the provisions of the Act shall be in additional to, and not in derogation of the provisions of any other law for the time being in force. Therefore, the provisions of the RPwD Act, 2016 have to be read with the relevant section of the National Food Security Act, 2013 for ensuring synergetic implementation of both the Acts. The benefit of 5% reservation in food security programme can be extended to the persons with benchmark disabilities on the basis of certificate of disability issued by the competent medical authorities of the States/UTs.
It may be mentioned that as per allocation of Business Rules 1961, notified by Cabinet Secretariat, Government of India, "the Department of Empowerment of Persons with Disabilities is the nodal Department of overall policy, planning and W.P.(C) No.3976/2020 Page 3 of 4 Signature Not Verified Digitally Signed By:JUSTICE D N PATEL Location: Signing Date:22.07.2020 21:12:59 coordination of programs for Persons with Disabilities. However, overall management and monitoring etc. of the sectoral programs in respect of this group shall be the responsibility of the concerned Central Ministries, State Governments and Union Territory Administrations. Each Central Ministry or Department shall discharge nodal responsibility concerning its own sector." Therefore, Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Public Distribution, Government of India being nodal authority for ensuring implementing food security programmes need to take appropriate measures in line with provisions of the RPwD Act, 2016.
That at the outset it is submitted that the Respondent takes strong objection to the submission of Petitioner that disabled persons are not included in the ambit of National Food Security Act, 2013"
4. In view of the aforesaid, Ms. Monika Arora, the learned CGSC appearing for the respondents seeks time to get instructions. Time as prayed for is granted.
5. List the matter on 29th July, 2020.
CHIEF JUSTICE PRATEEK JALAN, J JULY 22, 2020 'anb' W.P.(C) No.3976/2020 Page 4 of 4 Signature Not Verified Digitally Signed By:JUSTICE D N PATEL Location: Signing Date:22.07.2020 21:12:59