Bombay HC orders Maharashtra to make disabled persons advisory board functional within 1 month

Bombay High Court/ File Photo

The Bombay High Court has ordered the Maharashtra government to make the state advisory board for disabled people operational within one month. The court's directive came at a hearing on Thursday, with the bench underlining the urgency of the situation. "For God's sake, do it by then," said a division bench that included Chief Justice D K Upadhyaya and Justice Amit Borkar. The court expressed worry that the government required court orders to carry out its statutory tasks, particularly those targeted at change, reported PTI.

According to the report, the state advisory board was established in 2018 under the Rights of Persons with Disabilities Act but has been inactive since 2020 due to unfilled positions for non-official members.

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On Wednesday, the HC requested that the government give a schedule for filling these vacancies and making the board effective. Additional government pleader Abhay Patki assured the court on Thursday that the board would be operational in 15 days. However, the HC granted a month for this duty, emphasising the significance of taking action on time, the PTI report stated.

"We will give you some more time than 15 days. For God's sake, do it by then. We direct that the advisory board shall be constituted and made functional within a month from today," the HC said.

"We could have relegated this matter also to the board. It could have taken all measures. The state government should not wait for orders from the court to implement laws, especially reformative ones," it said.

According to the report, the court was hearing a suo motu public interest litigation over the installation of bollards on Mumbai pavements that restrict disability access. The bench emphasised that if the advisory board were active, it might address such concerns, decreasing the judiciary's workload.

The HC highlighted the government's commitment to enact legislation without waiting for court orders. "Can there be anything more alarming that for an Act the court has to issue directions? This is your (government) obligation. For this also you need directions," Chief Justice Upadhyaya inquired.

The Maharashtra government told the Supreme Court in July 2023 that the advisory board had been created, however, it is still non-functional due to vacancies. The court emphasised the futility of having a non-functioning board and expected it to be fully operating within 30 days. The case is scheduled for another hearing on August 14, the PTI report stated.