GUWAHATI, May 26 ? The Gauhati High Court in an interim order, issued in response to a PIL, has directed the Assam Government counsel to find out whether provisions for barrier-free access for the disabled have been made or not in the State capital complex under construction. The PIL which was filed by Prasanna Kumar Pincha, the Regional Manager of Actionaid here, sought an interim order from the court to ensure ?barrier-free access? for persons with disabilities to the permanent State capital complex under construction as per the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. In another interim order issued in response to the same PIL, the High Court in February this year directed the Social Welfare department, Assam, to operationalise the computerised Braille Press located at Basistha here within four months to facilitate steady supply of textbooks to visually impaired students.
The court also stated that there should not be any reason for Assam Finance department not to provide adequate fund to operationalise the computerised Braille Press. Subsequently, the State Government on April 26 last submitted a progress report on steps taken to run the Braille Press. A President?s awardee, Sri Pincha whose visual disability has failed to deter him from making long strides in life, informed that the move to set up a computerised Braille Press dated back to about 15 years. Although a building was constructed, it got-dilapidated before the Press could be installed therein. Many officers were sent outside at Government expense to acquire first hand experience on operation of Braille Printing Press. Finally, in the first half of the last year, a ?computerised Braille Press was set up in a single room at Basistha here only to be kept under lock and key failing the very purpose of its establishment.
Petitioner, Sri Pincha who was a former Joint Director of the State Social Welfare department, alleged that his counsel while visiting the Braille Press as per the court?s directive found it lying unused in a mess reflecting nothing but utter callous attitude of authorities concerned. Sri Pincha, who is the member secretary of Zonal Advisory Committee of Rehabilitation Council of India (RCI), decided to file the PIL (No. 17/2001) in his individual capacity in view of the total failure of all the seven NE States to implement the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which is in force in the entire country barring Jammu and Kashmir, since February 7, 1996. All the State Governments of NE region have been made respondents in the PIL while all the major political parties operating in the region made proforma respondents.
The petitioner alleged that all these political parties had never bothered to address the issues concerning disability sector in their poll manifesto. ?This is because persons with disabilities scattered in all castes, creeds, religion and regions, hardly form a vote bank for politicians who, therefore, don?t care to address the problems of physically challenged people?, he said. ?However, this should not be allowed to continue as physically challenged persons though they constitute an invisible minority, are the largest group of minority persons in the world?, Sri Pincha added. Although the PIL was filed way back in May, 2001, so far only two States ? Assam and Tripura ? have responded by filling counter-affidavits. The High Court, therefore, issued directives on April 26 last to the rest of five NE States to file counter-affidavits without further delay.
Meanwhile, Sri Pincha is waiting to give a consolidated response to counter-affidavits of all the NE States. He said ?The PIL is a part of the drive to ensure that the society becomes inclusive for persons with disabilities?. The indifferent attitude of NE State Governments to implement the Persons with Disabilities Act. 1995 is reflected in their failure to appoint separate Disability Commissioner as per the Act. The Disability Commissioner is required to submit an annual report on activities in disability sector before the respective State legislatures. While no State Government of the NE has appointed Disability Commissioner so far, the State of Assam has made its Social Welfare Commissioner the Disability Commissioner too.