The court interpreted the relevant provisions of the Rights of Persons With Disabilities Act, 2016 and National Trust Act, 1999 liberally to effectuate their purpose and emphasized the formation of the designated authority for redressal of grievances.

JUDGMENT

Krishna S. Dixit, J. - Petitioners are knocking at the doors of Writ Court seeking an order for appointing them jointly or severally as the legal guardians of Smt.Veena Thimmaya W/o second petitioner herein who is stated to be completely disabled on account of certain diseases.

2. The first respondent-State is represented by the learned AGA; second respondent-Union of India is represented by the learned CGC and the third respondent-State Legal Services Authority on request is represented by it's member Sri.Sridhar Prabhu; all they have appreciably assisted in the adjudication of lis brought before the Court.

3. Having heard the learned counsel for the parties and having perused the Petition Papers, this Court is of the view that this case need not be kept pending any longer regard being had to eminent urgency involved and the availability of the alternate machinery for the redressal. The first respondent-Government of Karnataka has issued a Notification dated 15.12.2021, which reads as under:

 Rule-6(9) The Designated authority at the District Level.

(d) The Deputy Commissioner-Chairperson

(e) Five Persons drawn from the State Institutes each of the five groups of disabilities under the Act., i.e, Locomotor, Visual, hearing, Intellectual and Multiple Disabilities to be nominated by the Deputy Commissioner - Members

(f) District Disability Welfare Officer of the District - Member Secretary.

Rule- 6 (9) The State Commissioner for Persons with Disabilities shall be the Appellate Authority for the purpose of subsection (3) of Section 14 of the Act.'

4. Learned Addl. Govt. Advocate submits and this Court agrees that the machinery constituted pursuant to above notification would augur well for the redressal of grievances of the kind and therefore, petition itself may be disposed off. Learned member of the third respondent-Authority and the learned CGC appearing for the second respondent-Union of India point out the text of Rule 17 of the Rights of Persons with Disabilities Rules, 2017, (Central), wherein a role is assigned to the disabled person himself and therefore, that may come in the way of petitioner seeking relief at the hands of Authority. Learned AGA rightly draws attention of the court to the text of Rule 14 of State Rules which provides that 'any person' can apply for guardianship in respect of disabled persons. This would put the controversy to rest

5. The subject legislations i.e., Rights of Persons With Disabilities Act, 2016 and National Trust Act, 1999 having been enacted to give effect to the International Conventions, have to be interpreted liberally to effectuate the purpose for which they have been so enacted vide Apex Court decision in State of West Bengal Vs. Kesoram Industries, (2004) 10 SCC 201. Now that the designated authority having been formed vide notification dated 15.12.2021, petitioners can approach the same by moving an appropriate application. If such an application is made, a decision shall be taken by the said authority within a period of one week after hearing all the stake holders. This short period is prescribed regard being had to the pendency of this petition here and the eminent need for urgent relief, as pleaded by the learned Sr. Advocate appearing for petitioners.

The said application when moved shall be adjudged on its merits regardless of what is stated in the Writ petition. If there is any argument as to conflict of the Central Rules with the State Rules, it hardly needs to be stated that the technique of harmonization would be employed to effectuate the purpose of the cognate Acts in question.

The presence & assistance of Addl. Secretary, Department of Women & Child Welfare, Govt. of Karnataka, Smt.Kalpana R, is noted & appreciated.