Delhi High Court
National Federation Of The Blind vs Union Of India & Anr. on 29 September, 2020
$~10.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 29th September, 2020
+ W.P.(C) 3976/2020
NATIONAL FEDERATION OF THE BLIND ..... Petitioner
Through: Mr. S.K. Rungta, Sr. Adv. with
Mr.Sumit Pangal, Adv.
versus
UNION OF INDIA & ANR. ..... Respondent
Through: Mr. Chetan Sharma, ASG with
Ms.Monika Arora, CGSC with
Ms.Ankita Shah, Advocate for
UOI/R-1 & R-2
Mr. Sanjay Jain, Sr. Advocate with
Mr. Shadan Farasat, ASC, with Mr.
Ashray Behura and Mr. Bharat Gupta,
Advocates for GNCTD.
Mr. Tushar Sannu, ASC with Ms.
Ankita Bhadouriya for EDMC.
Mr. Ravindra Ashok Lokhande,
Advocate with Mr. Shyamsundar Das,
Advocate for State of Goa/R-7
Mr. Vishal Mahajan, Deputy
Advocate General Haryana for State
of Haryana
Mr. Anil Mittal, Adv. for State of
U.P.
Mr. Abhimanyu Jhamba, Advocate
with Ms. R.A. Thonpinao Thangal, &
Mr. Ashish Jhamb, Advocates for
State of H.P./R-12
Mr. Arjun Garg, Standing Counsel
W.P.(C) 3976/2020 Page 1 of 7
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:05.10.2020
17:28:55
with Mr. Aakash Nandolia, Advocate
for State of MP
Mr. Nalin Kohli, Advocate with
Mr.Shuvodeep Roy & Mr. Ankit Roy,
Advocates for Aasam
Mr. Shuvodeep Roy, Standing
Counsel for Tripura
Ms. K. Enatoli Sema, Advocate with
Mr. Amit Kumar Singh, Advocate for
State of Nagland/R-21
Mr. Raghvendra Kumar, Standing
Counsel with Anand Kr. Dubey,
Advocate for Sikkim/R-23
Ms. G. Indira, Advocate with
Mr.K.V. Jagdishvaran, Advocate for
UT of Andaman/R-32
Mr. V.G. Pragasam, Adv. for Govt. of
Puducherry/R-36
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D. N. PATEL, Chief Justice (Oral)
The proceedings in the matter have been conducted through video
conferencing.
1. This writ petition has been preferred with the following prayers:
"a) Issue a writ of mandamus or any other appropriate
writ/order or direction thereby directing the respondent no.1
to issue direction to all State Govts. and Union Territories
Under section 38 of National Food Security Act, 2013 for
including visually impaired and other persons with disabilities
in the category of eligible persons under Antyodaya Anna
Yojana and priority households for the purpose of
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:05.10.2020
17:28:55
implementation of the food security scheme guaranteed under
Sub Section 1 of Section 10 of the National Food Security Act
2013 and also to ensure that at least 5% beneficiaries of food
security scheme under the Act are from categories of persons
with disabilities as defined in The Rights of Persons With
Disabilities Act 2016 (in short RPD Act 2016) in terms of
section 37(b) of RPD Act 2016.
b) Issue a writ of mandamus or any other appropriate writ,
order or direction thereby directing the respondent No.1 to
consider the cases of persons with disabilities and visually
impaired persons even without ration cards on the basis of
their disability certificates and / or UDID for getting benefit
under National Food Security Act, 2013.
c) Issue a writ of mandamus or any other appropriate writ,
order or direction thereby directing the respondent No.1 to
direct all State Govt. and UTs under Section 38 of National
Food Security Act to provide food grains free of cost to poor
persons with disabilities as was done for migrant labourers
and others during the present pandemic.
d) Issue a writ of mandamus or any other appropriate writ,
order or direction thereby directing the respondent No.1 to
give free ration to all persons with disabilities without ration
cards on the basis of their disability certificates and / or
UDID under Pradhan Mantri Garib Anna Kalyan Yojana.
e) Grant any other or further relief which Your Lordship deem
fit and proper in the circumstances of the case."
2. The concern raised by the petitioner in this writ petition is with regard
to the entitlement of persons with disabilities to the benefits under various
programmes formulated by the Government of India under the National
Food Security Act, 2013 (hereinafter referred to as "the Act, 2013").
According to the petitioner, persons with disabilities are required to be
covered under the Antyodaya Anna Yojana ("AAY"), as well as the priority
households ("PHH") under the Act, 2013.
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:05.10.2020
17:28:55
3. We have heard the learned counsel for both the sides at length and on
earlier dates of hearing, Mr. S. K. Rungta, learned Senior Counsel for the
petitioner has taken this Court to the various provisions of the Rights of
Persons with Disabilities Act, 2016 (hereinafter referred to as "the Act,
2016"), especially Section 37(b) thereof, which provides for a reservation in
all poverty alleviation and developmental schemes for persons with
disabilities.
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4. In our order dated 22 July, 2020, we took note of the statutory
provisions and the stand taken by the Department of Empowerment of
Persons with Disablities, Government of India, as reflected in the counter
affidavit filed by the Union of India. During the course of proceedings, all
States and Union Territories were also impleaded as parties to the writ
petition, as they are the implementing agencies under the Act, 2013.
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5. At the hearing on 24 August, 2020, we were informed that the
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Government of India has issued a communication dated 22 August, 2020
to all States and Union Territories regarding the coverage of persons with
disabilities under the Act, 2013. A copy of the said communication issued
by the Department of Food and Public Distribution ("DFPD"), Ministry of
Consumer Affairs, Food and Public Disctribution has also thereafter been
placed on record. It was inter alia reiterated therein that disability is one of
the criteria for inclusion of beneficiaries under the AAY and as per the
identification criteria as PHH.
6. Pursuant to the aforesaid communication, certain further concerns
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were raised by Mr. Rungta at the hearing on 07 September, 2020. Mr.
Chetan Sharma, learned Additional Solicitor General and Mr. Sudhanshu
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Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:05.10.2020
17:28:55
Pandey, Secretary, DFPD (who also attended the hearing on that date)
assured the Court that these concerns would also be looked into, and
appropriate directions would be issued.
7. Now, the Central Government has issued further directions to all the
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states on 07 September, 2020, which have also been placed on record.
Paragraph 2 of the said communication sets out the following directions to
the States and Union Territories:
"i. Disability as separate criteria within the eligibility
criteria may be identified by all States/UTs for inclusion of
persons with disability, subject to exclusion criteria, for
coverage under National Food Security Act, 2013.
ii. It may be ensured that all the disabled persons, who
are eligible as per identification criteria of beneficiaries
under NFSA, are covercd under the National Food
Security Act, 2013. Those who are not already covered
should be covered with fresh ration cards to be issued as
per the existing/revised eligibility criteria that include
disability as separate criteria.
iii. If a disabled candidate is at par with another general
candidate, preference should be given to disabled person.
iv. It may be ensured that a data base of disabled
persons covered under both categories viz. AAY & PHH
under NFSA shall be created/maintained separately even
for PwDs being covered as a part of a family. A suitable
mechanism of monitoring and reporting may accordingly
be put in place for compliance.
v. No disabled person otherwise eligible shall be denied
on the ground that the State has exhausted its upper limit
under NFSA. In case such a situation arises, inclusion of
disabled person shall take precedence. He may be given
precedence over those persons who may be either at par or
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:05.10.2020
17:28:55
above in terms of consumption expenditure criteria.
vi. All the States/UTs shall ensure and direct the
concerned District Administration to put in place an
appropriate mechanism and whole machinery may be
mobilized in a mission mode for compliance of directions
made above."
8. Mr. Rungta submits that these directions issued by the Central
Government serve the purpose of the present petition, and seeks appropriate
directions to the States and Union Territories for effective implementation
thereof.
9. We find that the directions have been issued under Section 38 of the
Act, 2013, which requires the State Governments to comply with directions
issued by the Union Government thereunder. These directions are thus
bound to be followed by all the States and Union Territories and
correspondingly, the States shall revise their criteria and persons with
disabilities shall be added as a separate class and they shall be considered for
the benefits to be extended to the persons with disabilities of the Antyodaya
Anna Yojna scheme as well as priority households.
10. We expect from the States and the Union Territories that the
directions issued by the Central Government, as mentioned hereinabove,
shall be scrupulously followed by them and they will revise the criteria as
early as possible and practicable for enabling the benefits under the
aforesaid schemes to be availed by persons with disabilities.
11. We place on record our appreciation of the constructive assistance
rendered by Mr. S.K. Rungta, learned Senior Counsel for the petitioner, Mr.
Chetan Sharma, learned Additional Solicitor General and learned counsel
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:05.10.2020
17:28:55
for the States and Union Territories.
12. With these observations, the petition alongwith pending application is
hereby disposed of. The petitioner shall however be at liberty to file a
further petition before the appropriate Court if the need arises.
CHIEF JUSTICE
PRATEEK JALAN, J
SEPTEMBER 29, 2020
ns
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:05.10.2020
17:28:55
