The Supreme Court on Monday lamented that the implementation of the Right of Persons with Disabilities Act, 2016 (RPWD Act) remains dismal across India, despite over five years having passed since the law's enactment [Seema Girija Lal and anr vs Union of India and ors].A Bench of Justice Chief Justice of India DY Chandrachud and Justice JB Pardiwala observed that many States have not even framed rules under the Act, which had to be done within six months of it coming into force."Many States have not even framed rules under the Act, which had to be done within six months ... We are of the view that status of implementation of the Act needs to be set right. The Department of Rights of Persons with Disabilities (RPWD) will take up the case with all counterparts and report for compliance before this Court," the Court said.The Court also noted today that it has already passed several orders calling for the proper implementation of the Act.The Court was dealing with a public interest litigation (PIL) seeking the formation of district-level committees to enforce the Rights of Persons with Disabilities Act, 2016.The Court had sought the response of the Union Ministry of Social Justice and Empowerment in the matter last year.Also ReadImplementation of Rights of Persons with Disabilities Act: Supreme Court seeks response of Social Justice MinistryDuring today's hearing, the top court noted that several States and Union Territories are yet to fulfil their obligations under the Right of Persons with Disabilities Act. Among other aspects, the Court took critical note of the following lapses:- The States of Andhra Pradesh, Chhattisgarh, Jharkhand, Punjab, Uttar Pradesh, and the Union Territories of Andaman and Nicobar Islands have not appointed Commissioners required to be appointed under the Act;- The governments of Gujarat, Himachal Pradesh, Kerala, Mizoram, West Bengal, Delhi, Daman and Diu, Jammu and Kashmir, and Ladakh have not yet created funds as required under Section 88 of the Act.- The governments of Arunachal Pradesh and West Bengal lacked special courts for speedy trials of offences under the Act, or public prosecutors required to be appointed to conduct such cases.- The governments of Chhattisgarh and the Union Territory of Daman and Diu do not have public prosecutors required to conduct cases involving offences under the Act.- The Chhattisgarh government has not constituted assessment boards.- The governments of Jammu and Kashmir, Ladakh, and Andaman and Nicobar Islands do not have assessment boards to provide the necessary facilities.The Court has now called for steps to be taken to address these issues. The matter will be heard next in the second week of July.
TAGS: Supreme Court Disabilities Act implementation Chief Justice of India DY Chandrachud Justice JB Pardiwala
