Calcutta High Court orders wheelchair, biz space for 100% disabled petitioner

Kolkata: The Calcutta High Court directed the state to provide a wheelchair under the Prosthetic Aids and Appliances Scheme as well as allocate a space or shop infrastructure near RIC Bazar Post Office in Baranagar so that the petitioner, who has 100 per cent disability, can start some business.

According to the ‘disability certificate’ submitted in court, the petitioner is totally incapable of carrying out day-to-day activities due to ‘post traumatic paraplegia.’ This commonly occurs due to compression of the spinal cord associated with vertebral fracture and ligamentous injury.

The counsel of the petitioner pointed out that despite the State Commissioner for Persons with Disabilities having written to the District Magistrate and Additional Commissioner for Persons with Disabilities, North 24-Parganas on August 13, 2020, no steps have been taken till date.

In the order dated August 16 this year, it was observed that the respondents were directed to file a report indicating as to the possibility and the current stage of implementation of any scheme intended for economic rehabilitation for adult persons with disabilities. However, even after several dates having elapsed, no report has been filed as of yet.

From the communication dated August 13, 2020, it was found that the State Commissioner for Persons with Disabilities had written for providing the benefits of a “Scheme for Economic Rehabilitation for the Adult Persons with Disabilities, 2011”.

The District Magistrate was also directed to give a wheelchair under Prosthetic Aids and Appliances Scheme for the smooth mobility of the petitioner. Further, the hand and upper portion of the body of the petitioner were reported to be working, for which a proposal was given for allocating some space or shop infrastructure near RIC Bazar Post Office, Baranagar, for the petitioner to start some business.

The court observed that the recommendations of the Commissioner were absolutely “legitimate and valid.” “The state cannot shrink its responsibility as parens patriae, having liability to look after citizens who are not able to look after themselves for some reason or the other beyond their own control,” the Court observed.

Justice Sabyasachi Bhattacharyya directed the state to provide the petitioner with a wheelchair under the Prosthetic Aids and Appliances Scheme of the state government as well as allocate a space or shop infrastructure near RIC Bazar Post Office in Baranagar.

The court further stated that it has been made clear that though the scheme is not available anymore, they will still have to provide the wheelchair to the petitioner at the cost of the state. The state will cooperate and provide the necessary funds and space for the petitioner. This needs to be done within two months.