The Karnataka High Court recently directed the state police to filed visually challenged persons complaint under provisions of the Right of Persons with Disabilities Act, and not under common law remedy.
A single judge bench of S R Krishna Kumar granted the plea filed by visually impaired Basavanand Swamigalu and overturned a communication issued by the police rejecting his complaint.
Swamigalu claimed that the crimes perpetrated against him are punishable under Section 92 (Punishment for atrocities) of the Rights of People with Disabilities Act, 2016, and that the Police must take action against the offenders.
The police, however, rejected the report, stating that the petitioner’s sole option was to file a sue for defamation.
After reviewing the records, the bench concluded that the petitioner’s case was rejected on the incorrect basis that the petitioner’s only recourse was to sue for defamation, even though the complaint contained cognizable offences.
It is important to remember that under Section 92, subsection (a), it is illegal to willfully insult or intimidate someone who has a disability with the intention of degrading them in a public setting.
As a result, the Court granted the petition and invalidated the impugned endorsement. The Police have been instructed to file the FIR in response to the petitioner’s allegation and continue the investigation as soon as is practical.
