Four years on, fight for justice for disable woman continues in Mumbai

The brother of a differently abled woman is fighting a long battle for justice after his sister was abused and allegedly assaulted by two fruit vendors. The complainant, a lawyer, has pointed at the difficulties faced by them in filing a case under relevant sections of the Rights of Persons with Disabilities Act as well as the need for designated courts to deal with such cases. The two accused were granted bail by a court which did not have jurisdiction, leaving them free.

The incident

On the morning of December 9, 2018, the woman, differently abled since birth as certified by JJ Group of Hospitals, was abused and allegedly assaulted by a couple of hawkers who sell fruits opposite their building in Worli. The accused had allegedly also used words like pagli (crazy), goliya when she would step out.

"The incident left my sister shaken and my mother, who came to her rescue, called the police control room. The police promptly reached the spot and directed us to visit Dadar police station, as the jurisdiction was under the said police station. Initially, the police were reluctant to file an FIR, but eventually registered offences under various sections of the IPC. But our plea to register an offence under section 92 of Rights of Persons with Disabilities Act, 2016 was not acknowledged. To our dismay, the police expressed their ignorance about the said act," said the brother.

The state law and judiciary department, on April 22, 2019, stated that sessions court will try offences registered under the Rights of Persons with Disabilities Act. Representation pic

Three days later, the police, after seeking legal opinion, added section 92 (a) (b) and (e) of Rights of Persons with Disabilities Act, but the accused had managed to get bail from the Bhoiwada court by then.

"Our system is anti-disabled and anti-woman. Ours is a patriarchal and misogynistic society, where the victim of abuse has to go through physical and mental trauma, still hoping to get justice, but the irony is that the accused roam freely. I have decided to fight for my sister's basic rights, so that rights of the differently abled are protected," said the lawyer.

Designated court

The brother added that the provisions of section 92 of the Rights of Persons with Disabilities Act make the offence compoundable and to be heard by the sessions court. The Bhoiwada court had rightly directed the Dadar police to submit the charge sheet before the competent special court.

"Interestingly, though the Act was in place, the state of Maharashtra had not designated a competent court to hear such cases. So I started writing to the chief minister, chief secretary, law and judiciary department among others on the issue," he said. Finally on April 22, 2019, the state law and judiciary department issued a government notification informing that the session court in each district will be the special court to try offences registered under the Rights of Persons with Disabilities Act.

Long wait for hearing

It was nine months after the filing of the case that the case was referred to the sessions court for trial. The accused couple - Harilal Pasi, 65, and Sharda Pasi, 58 - moved an anticipatory bail plea before the court, which was rejected. However, since then, neither the accused nor the lawyer representing them appeared for any hearing.

"The session court on January 4, 2022, issued a non-bailable arrest (NBA) warrant against the accused. But I have learnt that two days later, the accused got the NBA cancelled from the sessions court. The matter is coming up for argument on January 24," he said.

‘Court granting bail had no jurisdiction'

Speaking about how they want to move ahead with the case, the lawyer said, "The accused are roaming freely and they continue to sell bananas with no fear of a law of the land only because they could obtain bail for the offences under the IPC that the police had initially registered. But with the addition of section 92 of the Rights of Persons with Disabilities Act, the offence has become more serious. The jurisdiction of the Bhoiwada court was only limited to hear cases under the IPC. Since the matter is with the sessions court, the accused should have applied for bail before the competent court, which they have not."

He added, "The irony is that even the police did not bother to act on the NBA issued by the sessions court and allowed sufficient time for the accused to get the same cancelled." "I have already moved an application before the court. I will bring up the issue of the bail and seek appropriate action before the trial begins. Even though we have registered the case, the accused continues to harass my sister, when she steps out. They expect us to keep my sister inside the house locked; isn't it unfair to deprive a differently abled person from her fundamental rights?" he asked. The state government has appointed advocate Jaisingh Desai as the public prosecutor to represent the state.

24 January
Day when the case is set for hearing