1. This petition filed in public interest seeks writ of mandamus for directing the respondents to make a reasonable policy so as to provide treatment, financial assistance, occupation, home care etc. to poor cancer patients. The petitioner has further sought direction to the Union of India to introduce amendment to definition of “disability” in Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 hereinafter referred to as “the Act” so as to include a person suffering from cancer within that definition. Lastly, the petitioner has sought allotment of a kiosk/stall by DDA in his favour.

2. The petitioner avers that he is a patient of ‘left parietal astrocytoma’, a form of brain cancer which was detected in 1993. He was operated upon but due to his inability to perform his duties and strenuous tasks properly; his services were terminated in 1995 and he has been redendered jobless since then. He further states that his wife and children had also abandoned him and he is surviving on charity ever since his services were terminated.

3. The petitioner made representations dated 13.10.99 and 14.1.2000 to the Prime Minister for allotment of a kiosk/shop for setting up a STD/PCO Booth or Tea/Coffee Shop. It is further the case of petitioner that after waiting for several months, Delhi Development Authority, vide its letter No.F1(3)2000/OTA/CE/ 1276 dated 22.3.2000 sent him an out of turn allotment proforma for allotment of shop on compassionate grounds, which was duly filled and submitted on 9.6.2000. The petitioner did not receive any response to the same as a result of which he again wrote a letter dated 12.2.2004 for allotment of a kiosk. Ultimately, he received letter No. F1(3)2000/OTA/CE/783 dated 8, March, 2004 from DDA stating that shops/kiosks cannot be allotted to the petitioner due to change of policy. It was also stated in the said letter that out of turn allotment of shops/kiosks would be made only to widows/wards of defence and paramilitary personnel who die in harness and no other category is eligible for such out of turn allotment. The petitioner was also advised to apply for allotment under “physically handicapped quota”.

4. Further averments in the writ petition are that the petitioner then made another representation to DDA and to Joint Secretary, Ministry of Welfare, Government of Delhi, who is a secretary of the Central-Executive for State of Delhi, under the “Act” through an NGO namely ‘Cansupport’ to apprise it about the National Policy, if any, that addresses problems faced by persons suffering from cancer with special reference to the help, financial or otherwise, that Government provides to such persons or any scheme under the aforesaid Act for rehabilitation of cancer patients. A similar letter was also addressed to Joint Secretary, Ministry of Welfare, Government of India but the petitioner did not receive any reply to the said letters.

5. The petitioner was then constrained to file a Civil Writ Petition, WP(C) NO. 18667/2004, seeking directions to the respondents to formulate a reasonable policy to provide better financial help/occupation to cancer patients. The petition was disposed of by a Division Bench of this Court with a direction to the Union of India to treat the writ petition as a representation of the petitioner and intimate the decision taken by the respondent to the petitioner within eight weeks. Since the petitioner did not receive any such decision, he initiated contempt proceedings by way of Contempt Petition (Civil) no. 1228/2005. During the course of pendency of contempt proceedings, the Cabinet Secretary to the Government of India filed an affidavit in response to the contempt petition stating that cancer is a disease and not a “disability” and, therefore, persons suffering from cancer cannot get the benefit under the various schemes of Government under the said Act. It W.P.(C) No.628/2007