NATIONAL FEDERATION OF BLIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE facts of this petition indicate inaction on the part of the respondent Government when it comes to the physically handicapped. This is so inspite of land mark legislations being enacted by the Parliament known as the Disabled Persons (Equal Opportunity, Protection of Rights And full Involvement) Act, 1995.

(2.) PRIOR to two decades or so, a section of people who were physically handicapped, i. e. either visually impaired or polio stricken or handicap suffered by virtue of various accidents have always been looked at as an insignificant and non-useful segment of the population. In the last 20 years or so, a great stride has been achieved the world over by virtue of principles of upliftment implemented either through employment or self-sufficient vocations. This is an important development and new vistas in providing moral booster to this class of the society which has been mentally disturbed by virtue of the fact that they are suffering from certain handicaps, the mental state of such people is quite depressed which deliberately requires able bodied people to boost their morale for the purpose of making them achieve something in the life.

(3.) WE have seen that this approach has been adopted initially in England when an Act known as Disabled Persons (Management) Act, 1944 was enacted. Even an advanced country like England found a lot of difficulties in implementation of the provisions of the said Act. Consequently a new act was enacted known as Disability Discrimination Act, 1995 with various features giving emphasis to the upliftment of these handicapped people. It is not mercy which they need. It is an opportunity which they need. We do show mercy but do not offer the opportunities. That mindset is the greatest set back for upliftment of this segment of the people. It thus needs an attitude change.