Gauhati High Court imposed Penalty on Assam Govt & Gold's Gym for discriminating person with disability

Guwahati: In a path-breaking, precedent-setting judgement the Gauhati High Court orders Gold’s Gym and the State Government of Assam to pay Rs 50,000/- each as a penalty, in a 2011 writ petition filed by Arman Ali, Executive Director, NCPEDP against inaccessible, disabled unfriendly services by Gold’s Gym.

Ali had applied for a membership with the said gym in 2011. On realizing his disability the Gym made unreal demands as a condition for membership, including doctors certificates from both his physician as well as orthopedician. They also subject him to a rigorous work out in an attempt to discourage him. This went on from March to June 2011 during which he was also subject to humiliation and ignominy by members of the staff and other users. Says Ali, “I was almost treated like an untouchable and they used all tactics to discourage me. The final straw was their offer of a month-long conditional membership with charges equivalent to an annual membership”.

Interestingly this is one of the first writ petitions on disability discrimination against a private service provider providing public services and the respondents included the Union of India, the Chief Commissioner, Persons with Disabilities along with the State Government, the State of Assam, The Gold’s Gym and WARE and WANTS TRADING PVT (its Assam franchise.)

The government instructed to immediately train and sensitise officials on the RPWD Act

Referring to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 and its successor , the Rights of Persons with Disabilities Act 2016 which have equal opportunities and non-discrimination as its fulcrum, Justice Ujjal Bhuyan also made a reference to Section 29 of Chapter VIII of the RPWD Act which casts a duty on appropriate Governments to conduct, encourage, support or promote awareness campaigns and sensitization programmes to ensure rights of persons with disabilities were protected.

Justice Bhuyan also directed the Government of Assam to ensure that ALL officers and employees of the Social Welfare Department undergo training and awareness programmes and campaigns in terms of Section 39 of the 2016 Act in accordance Commissioner of Persons with Disabilities, Assam and Assam State Legal Services Authority. He has also instructed that the Commissioner and Secretary to Government of Assam, Social Welfare Department to immediately chalk out a detailed programme to give effect to the above-mentioned directive.

The Commissioner and Secretary, Social Welfare Department, Government of Assam have been instructed to issue general circulars to all Government and private establishments highlighting the salient features of the 2016 Act and to ensure that public buildings and public facilities and services are made accessible by persons with disabilities, Such instructions are to be issued within two months from the date of receipt of the said order.

Celebrating this success Ali says, “This judgement makes the private sector accountable for all their services. ALL private sector service providers must have a clear cut policy for people with disabilities. This is now a law of the land and people with disabilities will not take it lying down any longer.”

*Note: Petitioner Arman Ali had shared the above matter to The Sentinel Digital through a press statement and High Court's Judgement Order