- (1.) Mr. V.K. Tankha, learned senior counsel, who was requested to go and visit the home made for the mentally retarded persons, i.e., Asha Kiran, has given his suggestions, a copy of which shall be served within three days on all the concerned parties. Mr. Colin Gonsalves, learned senior counsel appearing for the petitioner submitted that he has perused the suggestions and he will file a convenience volume of suggestions and serve a copy on the learned counsel for the parties and thereafter the comprehensive directions can be issued. Mr. Gonsalves has also filed a report of some members of the Advisory Committee of Asha Kiran. A copy thereof be served on all concerned with a week from today. Response thereto, if any, be filed within four weeks after the date of service.
(2.) At this juncture, we may note with profit that the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act, 1995 (for short, the '1995 Act') defines 'disability' under Section 2(i) of the Act which reads as follows : "(i) 'disability' means- (i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing impairment; (v) locomotor disability; (vi) mental retardation; (vii) mental illness."
(3.) Section 25 castes a duty on the appropriate Government and local authorities to take certain steps for the prevention of occurrence of disabilities. It reads as follows : "25. Appropriate Governments and local authorities to take certain steps for the prevention of occurrence of disabilities.- Within the limits of their economic capacity and development, the appropriate Governments and the local authorities, with a view to preventing the occurrence of disabilities, shall- (a) undertake or cause to be undertaken surveys, investigations and research concerning the cause of occurrence of disabilities; (b) promote various methods of preventing disabilities; (c) screen all the children at least once in a year for the purpose of identifying "at-risk" cases; (d) provide facilities for training to the staff at the primary health centres; (e) sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be disseminated information for general hygiene, health and sanitation; (f) take measures for pre-natal, parental and post-natal care of mother and child; (g) educate the public through the pre-schools, schools, primary health centres, village level workers and anganwadi workers; (h) create awareness amongst the masses through television, radio and other mass media on the causes of disabilities and the preventive measures to be adopted.";