PALJOR BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Ms. (Dr.) Doma T. Bhutia, learned counsel for the petitioner in the instant Public Interest Litigation (for short, 'PIL') and also heard Mr. Karma Thinlay, learned State Counsel who represents the official respondents.

(2.) It is alleged in this PIL that it is a sorry state of affairs in the State of Sikkim that the State Government, functioning and governing under the Constitution of India, being fully aware of the Fundamental Rights and the Directive Principles of State Policy as well as the Fundamental Duties contemplated under Part III, Part IV. Part IV A respectively covering a range of Articles from Article 12 to Article 51A including the beneficial legislations enacted in the interest of creating an egalitarian society under the promised concept of socio-economic Welfare State, has not yet implemented the provisions of the Persons with Disabilities (Equal Opportunities. Protection of Rights and Full Partipation) Act, 1995 (hereinafter referred to as. "the Act") in letter and spirit resulting in the total denial of those benefits and opportunities contemplated in the Act to the persons with disabilities. Through the instant PIL. the petitioner, an orthopaedically disabled person himself, being a public spirited person, has ventilated those grievances to benefit the persons with disabilities and has sought for various reliefs with the following prayers.

(3.) Countering such allegations, grievances and contentions made in this PEL and advanced by Ms. Bhutia, the learned counsel for the petitioner, the Official Respondents/the State of Sikkim have contested this PIL filing as many as four affidavits, namely,