Bombay HC Orders Maharashtra Govt to Activate Disabled Persons Advisory Board

GG News Bureau
Mumbai, 11th July. 
The Bombay High Court has issued a directive to the Maharashtra government, compelling it to operationalize the state advisory board responsible for policies concerning disabled persons within a month.

Expressing dismay over the delayed implementation of statutory obligations, the division bench of Chief Justice DK Upadhyaya and Justice Amit Borkar emphasized that such crucial bodies should not await court orders to execute laws, particularly those aimed at reform and inclusivity.

Established under the provisions of the Rights of Persons with Disabilities Act in 2018, the board has remained non-functional since 2020 due to vacancies in non-official member positions. During a hearing on Wednesday, the high court instructed the government to outline a timeline for filling these vacancies and ensuring the board’s functionality.

Additional government pleader Abhay Patki assured the court on Thursday that the board would be operational within 15 days, prompting the bench to grant a one-month extension for compliance. “For God’s sake, do it by then,” Chief Justice Upadhyaya reiterated sternly.

The court’s intervention stems from a suo motu public interest litigation concerning accessibility issues faced by disabled individuals in Mumbai, specifically addressing bollards obstructing footpaths. The bench highlighted that an operational advisory board could alleviate the judiciary’s burden on disability-related matters by proactively addressing such issues.

“We could have delegated this matter to the board. It could have taken all necessary measures,” remarked the court, underscoring the board’s potential to facilitate proactive policy decisions.

In a pointed critique, Chief Justice Upadhyaya questioned the government’s dependency on court directives to fulfill its obligations under the law. “Can there be anything more alarming than the need for court orders to enforce an Act? This is your obligation,” he admonished.

The bench scheduled the next hearing for August 14, urging swift action from the government to ensure the board’s comprehensive functionality within the stipulated timeframe.

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