can you please tell if any case filed by police against a disabled what are the measures to be taken.
thanks and regards, sazid On 8/6/15, avinash shahi <shahi88avin...@gmail.com> wrote: > http://timesofindia.indiatimes.com/city/delhi/Disabled-accused-made-to-crawl-to-fifth-floor-court/articleshow/48367771.cms > DELHI: A trial court here was left shocked when a disabled person, an > accused in a criminal case, had to crawl on his hands to the > fifth-floor courtroom because police did not think of arranging a > wheelchair for him. > > The accused, Yameen Malik, whose legs appeared to be deformed, was > being produced in court on Monday for custody proceedings in a rape > case. > > When additional sessions judge Sanjay Sharma found Malik crawling in > the courtroom, he questioned the investigating officer whether there > were wheelchair facilities in the jail lock-up for production of > disabled persons in court. The IO failed to give any answer. > > "The court was shocked to see that the accused, who somehow managed to > crawl on his hands, was produced before the court without a > wheelchair. It means he has crawled all the way from the jail to this > courtroom on the fifth floor of the complex. This is quite painful," > the judge observed. > > The judge has sought a detailed report from the Delhi Police > commissioner and director general of prisons on what the existing > provisions were for accused persons with disabilities. > > The court said it appears that Malik was being produced in court in > the same manner since he was arrested on July 27, 2015. > > "This court is of the opinion that there was no arrangement (of a > wheelchair) when he was arrested and lodged in police lock-up, > produced before the court the first time and made to board the jail > van as well as when he was received in jail lock-up at Karkardooma > complex. The case demonstrates total lack of sensitivity and concern > for the rights of a disabled person," the judge observed. > > The court stated that a person with disabilities was entitled to an > equal opportunity to access the justice system and could not be > denuded of his basic human rights to be treated with dignity and > respect. "...it is the duty of the state to make %the legal system > accessible to such a person by making an effort to remove physical > barriers," it stated in an order passed on Monday. > > The court has asked the police commissioner to state whether > wheelchairs are available at all police stations and jail lock-ups. It > sought to know if there were any disabled-friendly toilets at police > stations. The police chief was also asked if any direction had been > issued to police stations for providing wheelchairs. > > The judge told the police chief to inform the court about action taken > against the IO of the case and lock-up incharge of Karkardooma court > complex for violating directions, if any, on movement of disabled > persons. Similar questions were put to the DG of Tihar regarding > disabled-friendly facilities in the prison complex. Compliance reports > from both offices are likely to be filed in court on Thursday. > > Malik was arrested on charges of raping a minor girl. The case is at > an initial stage. > > A police officer told TOI that there were specific directions on how > accused persons with disabilities are to be dealt with. Police are > duty-bound to provide wheelchairs in such cases, he said. "Generally, > we avoid arresting any accused with disability unless it's imperative > and may affect investigations. But it's the duty of the investigating > officer to arrange for a wheelchair before arresting the accused or > producing him before the court," said the officer, who did not wish to > be named. > > > > -- > Avinash Shahi > Doctoral student at Centre for Law and Governance JNU > > > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/accessindia@accessindia.org.in/ > > To unsubscribe send a message to > accessindia-requ...@accessindia.org.in > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of the > person sending the mail and AI in no way relates itself to its veracity; > > 2. AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. > Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/accessindia@accessindia.org.in/ To unsubscribe send a message to accessindia-requ...@accessindia.org.in with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
