Questions over powers of Commissioner for Disabled

By Ramya Kannan

CHENNAI, JULY 22.

With the Commissioner for Rehabilitation of the Disabled demanding action against police personnel for `assault on a disabled booth operator' questions have been raised about the power of the office he holds.

The present impasse rises from a set of circumstances arising from the non-recognition of the powers of the Commissioner appointed as per the provisions of the Persons With Disabilities Act (PWD), 1995.

Last week, a disabled booth operator on Montieth Road, Egmore, was allegedly assaulted by police personnel while demolishing his bunk. The operator, Mr. Balaji, contended that he had an order from the Commissioner for the Rehabilitation of the Disabled, Mr. M. Kalaivanan, staying the eviction. However, the officers on duty refused to acknowledge the order, carried out the eviction and allegedly roughed up Mr. Balaji. Mr. Kalaivanan wrote to the City Police Commissioner demanding action against those responsible for the act.

The situation throws spotlight on an issue that has been agitating the disability movement of the State. ``This was precisely what we were afraid of,'' say activists who have been campaigning for `more teeth' for the legislation. ``Our worst fears have come true - that people will not take the PWD Act seriously or the orders of the Commissioner,'' they added.

Quoting from the PWD Act, Mr. T.A.P. Varadakutty, president, Tamil Nadu Association for the Welfare of the Physically Handicapped, said the Commissioner for the Disabled might look into the complaints relating to deprivation of rights of persons with disabilities. For the purpose of discharging their functions under the Act, the Commissioner `will have the same powers vested in a court under the Code of Civil Procedure'.

However, in this case, his order staying the eviction of the phone booth until an alternative site was provided had been ignored by implementing agencies, said Mr. K. Veeramani, president, Physically Handicapped Public Telephone Attendant Welfare Association. ``At this rate, the Act will turn out to be a mere travesty. Concerted programmes to spread awareness on the provisions and the powers of the PWD Act should be initiated on a war footing'', NGO representatives said.

The instance also provided another opportunity for the activists to campaign for appointment of an independent Commissioner for the Rehabilitation of the Disabled. When the post of Mr. Kalaivanan, who used to head the Directorate for the Rehabilitation of the Disabled, was upgraded to that of Commissioner, NGOs expressed dissatisfaction with the appointment of a `government' servant for the post.

They argued that though theoretically the Commissioner had far reaching powers, he might be constrained in his acts by `superiors' or other government departments. Instead, they campaigned for the appointment of a retired judge with an orientation on disability issues for the post. Though the activists claimed that the demand went unheard during the previous regime, they continue to hope that the present Government would note the seriousness of the issue and make necessary amendments.

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