The Hindu : Tamil Nadu / Chennai News : High Court issues notices to Centre, State

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Sunday, Jan 14, 2007
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Tamil Nadu

Tamil Nadu - Chennai

High Court issues notices to Centre, State

Special Correspondent

PIL seeks to bring 3 major social legislations under one umbrella

CHENNAI: The Madras High Court has ordered notices to the State and the Central Governments on a public interest litigation petition which seeks to bring three major social legislations under one umbrella.

The First Bench comprising Chief Justice A.P. Shah and Justice K. Chandru has also appointed advocate T. Mohan as amicus curiae to assist the court in dealing with issues raised in the petition filed by M. Gnanasambandam, secretary of the Anbagam special school for the deaf, Mayiladuthurai. The Secretary of Social Welfare Department has been asked to file a counter within four weeks.

Among other things, the petitioner said the three legislations -- Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995; National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act 1999; and the Juvenile Justice (Care and Protection of Children) Act 2000 -- must be brought under one umbrella. Also, the responsibility of ensuring the smooth functioning of these legislations should be entrusted with the State and District Legal Services Authority, he said.

To ensure the "effective implementation" of these legislations, the petitioner said the Government must be directed to frame and notify comprehensive Rules and accord recognition to various schemes envisaged, Mr. Gnanasambandam said. He sought scholarships to school-going disabled children.

They should be asked to probe irregularities in the distribution of aid and appliances under the Sarva Shiksha Abhiyan and submit a report before the court.

He also called for penal and preventive measures if any violations were noticed.

He also wanted the respondents to be directed to provide social security to the destitute and abandoned children, besides adult and aged persons with disabilities, till their death, irrespective of the nature and type of their disability. A monitoring authority or an enforcement mechanism should be instituted with powers to supervise the schemes and report to the Chief Commissioner for Persons with Disabilities for the proper implementation of the provisions of the legislation, the petitioner said.

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