Calcutta High Court
Sk. Ainuddin Ahammad vs Amit Khare And Ors on 8 September, 2023
OD-4
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION [CONTEMPT]
ORIGINAL SIDE
CC/11/2021
WITH
WPO/635/2017
SK. AINUDDIN AHAMMAD
VS
AMIT KHARE AND ORS.
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
AND
The Hon'ble JUSTICE APURBA SINHA RAY
Date : September 8, 2023.
Appearance:
Mr. Srikanta Dutta, Adv.(VC)
Mrs. Rituparna Sarkar Dutta, Adv.
...for the petitioner
Mr. Shiv Chandra Prasad, Adv.
...for the respondents/alleged contemnors
THE COURT: The issue that was brought before a co-ordinate
Bench by way of a public interest litigation being WP 635 of 2017, was that
the 'Braille' system used in the schools for visually impaired persons, are
being made primarily using lead, which is poisonous. The persons using
such Braille system, being in constant touch with lead, suffer health
problems. The petitioner sought for a direction on the respondent authorities
to ensure that lead is substituted by some harmless or less harmful material
in making the Braille system.
By a judgement and order dated May 16, 2018, the said writ petition
was disposed of. The operative portion of the judgement and order reads as
follows:
"It is clear from the aforesaid averments in the said Affidavit that the
respondent authorities are conscious of the risk of using lead in the 'Braille'
method of study and are actively working towards substituting lead with other
substance having no harmful effect on the users thereof. The stand of the
respondent authorities is fair and is appreciated.
We hope and trust that as stated by the authorities themselves, by the
end of June, 2018, 'Braille' method will be made by some safe material which
will have no adverse effect on the health of the users thereof. In any event,
such change must be implemented by the end of September, 2018. We further
direct the State Government through its concerned department to conduct
medical tests on all the visually impaired/challenged students who have been
using 'Braille' method with lead component till date. If upon such examination,
it is found that they have suffered any adverse effect, the State Government
shall take appropriate remedial measures including medical measures for such
affected students. Such exercise shall be completed by the end of the year,
2018."
The instant contempt application has been taken out for alleged
violation of the aforesaid order by the respondents herein. From time to time
we have heard learned counsel for the parties. Affidavits have been filed by
the alleged contemnors. In such affidavits they have stated that all necessary
steps have been taken as per direction contained in the judgment and order
dated May 16, 2018 and all Braille systems that are now being made use zinc
instead of lead.
We had requested the petitioner to file a supplementary affidavit
furnishing names and particulars of schools for the visually impaired in and
around the city of Kolkata. Such supplementary affidavit has been filed.
Names of fifteen schools have been mentioned along with the addresses.
Mr. Prasad, learned advocate representing the respondents, says that
if the school authorities approach the State Government for substituting the
Braille system in their schools by new Braille system made with zinc instead
of lead, the State Government, in co-ordination with the Central Government,
will take appropriate steps.
Accordingly, we dispose of the contempt application by observing that
the authorities of the schools mentioned in the supplementary affidavit
affirmed by the petitioner on August 10, 2023, will be at liberty to approach
the State Government for substituting the lead made Braille system in those
schools with zinc made Braille system.
If an authority of a school so approaches the Department of
Education, State Government, necessary steps for replacing the lead made
Braille system with the zinc made Braille system will be taken by the State
Government within three months from the date of being so approached.
(ARIJIT BANERJEE, J)
(APURBA SINHA RAY, J.)
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