Mumbai: The Bombay High Court on Thursday directed the Maharashtra government to operationalize the state advisory council for policies related to disabled persons within a month.
"For God's sake, do it by then," the HC said.
A division bench comprising Chief Justice D K Upadhyaya and Justice Amit Borkar said it was alarming that the state government was demanding directives from the court to discharge its legal obligations.
The state government should not wait for court orders to implement laws, especially reform laws, he said.
The government constituted the board under the provisions of the Disability Rights Act in 2018, but it has not been functional since 2020 as unofficial member positions are vacant.
On Wednesday, the HC bench asked the government to inform a timeline by which the vacancies would be filled and the board would become functional.
Another government advocate, Abhay Patki, said on Thursday that the board would become operational in 15 days.
"We will give you more than 15 days. For the love of God, do it before then. We direct that the advisory council be constituted and made functional within a month from today," the HC said.
The court was hearing a public interest litigation initiated suo motu (on its own) on the issue of bollards placed on footpaths in Mumbai, making them inaccessible to people with disabilities.
The court noted that if the state advisory board were functional, the courts would not have to deal with matters related to the welfare of persons with disabilities.
"We could have relegated this matter also to the board. It could have taken all measures," the court said.
The state government should not wait for court orders to implement laws, especially reform ones, he said.
"Can there be anything more alarming than for a law to have the court issue instructions. This is its (government's) obligation. Instructions are also needed for this?" CJ Upadhyaya asked.
In July 2023, the Maharashtra government informed the Supreme Court, which was hearing a matter related to disabled persons, that the state advisory board had been constituted, the court noted.
It is true that the board was created in 2018, but it has not functioned since 2020 due to vacancies, the court said.
"What is the use of simply constituting a board when it is not functional? We hope and expect that within 30 days the board will be functional in all respects," the HC said while posting the matter for further hearing on August 14.
"For God's sake, do it by then," the HC said.
A division bench comprising Chief Justice D K Upadhyaya and Justice Amit Borkar said it was alarming that the state government was demanding directives from the court to discharge its legal obligations.
The state government should not wait for court orders to implement laws, especially reform laws, he said.
The government constituted the board under the provisions of the Disability Rights Act in 2018, but it has not been functional since 2020 as unofficial member positions are vacant.
On Wednesday, the HC bench asked the government to inform a timeline by which the vacancies would be filled and the board would become functional.
Another government advocate, Abhay Patki, said on Thursday that the board would become operational in 15 days.
"We will give you more than 15 days. For the love of God, do it before then. We direct that the advisory council be constituted and made functional within a month from today," the HC said.
The court was hearing a public interest litigation initiated suo motu (on its own) on the issue of bollards placed on footpaths in Mumbai, making them inaccessible to people with disabilities.
The court noted that if the state advisory board were functional, the courts would not have to deal with matters related to the welfare of persons with disabilities.
"We could have relegated this matter also to the board. It could have taken all measures," the court said.
The state government should not wait for court orders to implement laws, especially reform ones, he said.
"Can there be anything more alarming than for a law to have the court issue instructions. This is its (government's) obligation. Instructions are also needed for this?" CJ Upadhyaya asked.
In July 2023, the Maharashtra government informed the Supreme Court, which was hearing a matter related to disabled persons, that the state advisory board had been constituted, the court noted.
It is true that the board was created in 2018, but it has not functioned since 2020 due to vacancies, the court said.
"What is the use of simply constituting a board when it is not functional? We hope and expect that within 30 days the board will be functional in all respects," the HC said while posting the matter for further hearing on August 14.
