Srinagar- The High Court of Jammu Kashmir and Ladakh on Monday directed the government to treat the specially-abled persons in the Union Territory properly by the language recognized internationally.
The court in an order said that it expects the government to ensure full respect and honour to all the citizens in terms of their personality without letting them suffer any impression that the society and state sees and addresses the physically and mentally challenged persons as liabilities carrying personalities.
The court said while responding to a Public interest Litigation (PIL) filed by advocate Badrul Duja.
Advocate Duja also sought direction for suitably amending the laws, using the words mentally retarded in the Multiplicity Disability Act, 1999, as also some other laws on the subject.
In the PIL, Duja prayed that the government along with general public be restrained from mentioning or referring persons with disabilities or specially able persons as mentally retarded, sick, unfortunate, handicapped person, abnormal, mental, poor, unfortunate person, crippled, deformed , mad person, dwarf, wheelchair bound, dwarf, albino, disabled, mongoloid, midget, deaf and dumb, troubled person in official internal and external communications, judicial orders, notifications, circulars, newspapers, textbooks, Court orders.
The PIL also appealed Court to issue appropriate writ for declaring words such as mentally retarded used in Section 2(g) of The National trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act 1999 as violative of Article 14. 15 and Article 21 of Indian Constitution.
The court noted that the concern of the petitioner is that the respondents who use the language guidelines already introduced universally as prescribed and the list of words and their alternate words enumerated, mentioned, illustrated so that internal and external communications must be respectful physically as well as mentally.
“…We direct all the respondents to ensure expeditious recognition of the claim of the petitioner for the specially-abled persons. We also hope and trust that the society as a whole shall recognize their rights as guaranteed under the Constitution. The specially-abled persons be treated properly by the language recognized internationally.” the court order reads.
The court also directed the government to ensure that the facilities for such persons.
The court also directed the government to ensure that in the event any specially-abled person becomes a victim of some commission of offences), the Police records their statements by approaching at their residence so as to avoid bringing them to the Police Station.
“We hope and trust that the respondents will take effective and meaningful steps for ensuring the recording of the statements of any specially-abled persons, in the eventuality we have detailed out above, at their place of convenience/residence,” the order reads.
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