The Bombay High Court on Thursday came down heavily on the Maharashtra government, directing it to make the state advisory board for policies related to disabled persons operational within a month.
"For God's sake, do it by then," the HC division bench of Chief Justice DK Upadhyaya and Justice Amit Borkar said.
The bench observed that it was alarming that the state government needs directives from the court to fulfil obligations that are statutory. It said the state should not wait for court orders to implement laws, especially reformative ones.
Though the government constituted the board under the provisions of Rights of Persons with Disabilities Act in 2018, it has not been functional since 2020 as posts of the non-official members remained vacant.
The HC bench asked the government on Wednesday to provide a time frame as to by when these vacancies will be filled and the board would be made functional.
Abhay Patki, additional government pleader, said the board would be made functional in 15 days.
"We will give you some more time than 15 days. For God's sake, do it by then. We direct that the advisory board shall be constituted and made functional within a month from today," the HC said.
Notably, the court was hearing a public interest litigation (PIL) taken up suo motu on the issue of bollards put up on footpaths in Mumbai, making them inaccessible for persons with disabilities.
It also noted that had the state advisory board been functional, courts would not be burdened with matters regarding persons with disabilities. "We could have relegated this matter also to the board. It could have taken all measures," the court added.
"Can there be anything more alarming that for an Act the court has to issue directions. This is your (government) obligation. For this also you need directions?" CJ Upadhyaya asked.
The Maharashtra government in July 2023 had informed the Supreme Court, which was hearing a matter related to persons with disabilities, that the state advisory board had been constituted, the HC bench noted.
It is true that the board was set up in 2018 but it is non-functional since 2020 due to vacancies, it said.
"What is the use of merely constituting a board when it is not functional? We hope and expect that within 30 days the board shall be made functional in all respects," the HC said posting the matter for further hearing on August 14.
(With PTI inputs)
