Prhari Sahyog Association v. Union of India & Ors

SANJEEV NARULA, J. AUGUST 29, 2023 aks

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 29.08.2023 % W.P.(C) 11728/2019 PRHARI SAHYOG ASSOCIATION ..... Petitioner Through: Mr. Gaurav Kumar Bansal and Mr. Vishnu Kumar Gupta, Advocates. versus UNION OF INDIA & ORS ..... Respondent Through: Mr. Anurag Ahluwalia, CGSC for Respondent No.1/ UOI. Mr. Santosh Tripathi, Standing Counsel with Mr. Arun Panwar and Mr. Pradyumn Rao, Advocates for Respondent/ GNCTD. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJEEV NARULA SATISH CHANDRA SHARMA, CJ. (ORAL) 1. The present petition has been filed under Article 226 of the Constitution of India as a Public Interest Litigation by the Petitioner which is a Non-Governmental Organization ("NGO") registered under Section 8 of the Companies Act, 2013. The aim and objective of the NGO as stated in the writ petition is to fight for the upliftment of fundamental and civil rights of Persons with Disabilities. 2. The Petitioner in the writ petition has stated before this Court that on 26.10.2019, the Respondent No.3, the Department of Social Welfare, Government of NCT of Delhi ("GNCTD") has published a full page advertisement titled as "Women Separated From Their Families" in a English National Daily, and in that particular advertisement not only the photographs of the women have been published, the "Intelligence Quotient (IQ) Score" of women with Disability institutionalized in Asha Kiran, Center Delhi also finds place. The Petitioner contends that it is an unfortunate and unwarranted action on part of the Respondent No. 3 and disclosing the identity of the women has led to their dignity and respect being compromised. 3. The Petitioner"s contention is that the publishing of IQ as well as the photographs of 59 Women with disability institutionalized in Asha Kiran Centre should not have been published and the act of the Respondents is in complete violation of the statutory provisions as contained under the Right to Persons with Disability Act, 2016 (hereinafter to be referred to as "RPWD Act"). 4. The Petitioner has also stated that the publication of photographs with the IQ scores is in complete violation of the United Nations Convention for Right to Persons with Disability ("UNCRPD") and the Petitioner has prayed for the following reliefs in the instant writ petition: "A. Issue a Writ / Order / Direction in the nature of mandamus to direct to direct Respondent No. 03 to compensate all those women with disabilities institutionalized in Asha Kiran, whose identity they have revealed unlawfully by way of releasing their "IQ SCORE" and "PHOTOGRAPHS" in a National English Daily On 26/10/2019. B. Issue a Writ / Order / Direction in the nature of mandamus to direct Respondent No. 03 to take action against those Public officers who have violated the provisions of RPWD ACT - 2016 by way of releasing the IDENTITY of Women with Disabilities in Public. C. Issue Writ / Order / Direction in the nature of mandamus against Respondent No. 02 to conduct orientation workshops on RIGHT OF PERSONS WITH DISABILITIES ACT-2016 for Department of Social Welfare, Govt of Nct of Delhi. D. Issue a Writ / Order / Direction in the nature of mandamus to direct Respondent No. 01 and Respondent No. 03 to formulate, design and implement SOCIAL SECURITY SCHEME as per Section 24 of RPWD ACT- 2016 for Persons with Disabilities institutionalized in places like ASHA KIRAN. E. Issue a Writ / Order / Direction in the nature of mandamus to direct Respondent No. 01 to issue Order to protect the privacy of such person so that in future such incident should not get repeated. F. Issue a Writ / Order / Direction in the nature of mandamus to direct Respondent No. 01 to issue GUIDELINES for tracing families of such persons with disabilities who are living in places like ASHA KlRAN. G. Pass any other Order or Direction which this Hon'ble Court may deems fit and proper under the facts and circumstances as mentioned above." 5. A short affidavit has been filed by the Respon