Calcutta High Court steps in to help disabled man start business, says State cannot shirk its duty

The Calcutta High Court recently came to the aid of a disabled man by passing an order enabling him to start his own business and ordered the State government to provide him with a wheelchair and also a space or a shop for him to start a business [Palash Das vs State of West Bengal]..Justice Sabyasachi Bhattacharyya directed the State government to provide him with a wheelchair and also a space or a shop for him to start his venture. The Court reminded the State of its responsibility under the parens patriae doctrine."The State cannot shirk its responsibility as parens patriae, having liability to look after citizens who are not able to look after themselves for some reason or the other beyond their own control," the Court underscored..In this case, the State Commissioner for Persons with Disabilities had in 2020, asked the District Magistrate to provide the petitioner with the benefits he was eligible for under the Scheme for Economic Rehabilitation for Adult Persons with Disabilities, 2011. The Commissioner had ordered the District Magistrate to provide a wheelchair under the Prosthetic Aids and Appliances Scheme for the smooth mobility of the petitioner. Further, the Commissioner had also ordered that the petitioner be allocated some space or shop infrastructure so that he could start a business. The directions were issued after noting that the petitioner's hand and the upper portion of his body were functional. However, no steps were taken to implement the recommendations by the Commissioner which prompted the petitioner to approach the High Court for relief. ."The said recommendations of the State Commissioner for Persons with Disabilities were absolutely legitimate and valid," Justice Bhattacharyya observed in its order passed on September 27..The High Court, therefore, ordered the authorities concerned to implement these recommendations immediately."The entire exercise shall be concluded positively within two months from the date of communication of this order," the Court ordered. The Court also criticised the State for its palpably nonchalant attitude in the case.It observed that the State had failed to appear for hearings on several occasions or a file report sought by the judge in a timely manner. .Advocates Sutirtha Nayek, Sandwip Sutradhar and Arunima Das Sharma appeared for the petitioner..[Read Order]