Supreme Court Directs States to Appoint Commissioners for Rights of Persons with Disabilities Act Enforcement by August 31
The Supreme Court issued a directive on Monday, instructing all states to ensure the appointment of independent commissioners to oversee the implementation of the Rights of Persons with Disabilities Act, 2016 (Act) across the country. The order, passed by a bench comprising Chief Justice of India DY Chandrachud, and Justices PS Narasimha and Manoj Misra, highlighted the inadequate implementation of the Act.
Chief Justice Chandrachud commented, "The status of implementation of the legislation indicates the abysmal position across the country."
The court observed that chief commissioners held significant statutory responsibilities under Sections 75 and 80G of the Act. However, a report presented to the court revealed that several states and union territories had failed to appoint independent commissioners, as required under Section 79 of the Act.
Consequently, the Supreme Court directed the states to appoint such commissioners by August 31, emphasizing the importance of their role in overseeing the Act's enforcement.
The court also instructed the relevant Union Ministry to collaborate with the respective ministries of all state governments to submit an updated affidavit by September 17. States were further asked to upload relevant details on the Central government's dashboard.
The case, initially filed as a public interest litigation (PIL), sought the establishment of district-level committees for the enforcement of the Rights of Persons with Disabilities Act, 2016. The petition emphasized the lack of basic infrastructure in India to cater to the needs of nearly 3 crore individuals with disabilities, urging the Supreme Court to address this issue.
The petitioners also requested the court to direct states to frame and notify the mandated Rules under Sections 72 and 101(2) of the 2016 Act, if they hadn't already done so. They argued that district-level committees were essential for the effective implementation of the Act.
The plea underscored the importance of equal treatment for individuals with disabilities as a fundamental aspect of the right to equality. It stated that the Act aimed to codify the rights of differently-abled individuals to live with dignity.
In January of this year, the Supreme Court sought a response from the Union Ministry of Social Justice and Empowerment regarding the matter.
The case is scheduled for further hearing on September 18.
TAGS: Supreme Court States appointment commissioners Rights of Persons with Disabilities Act implementation August 31 Chief Justice of India abysmal position independent commissioners Section 79 compliance affidavit Union Ministry coordination updated affidavit September 17 dashboard district-level committees enforcement PIL basic infrastructure needs of persons with disabilities judicial notice Rules Sections 72 and 101(2) differential treatment right to equality live with dignity Union Ministry of Social Justice and Empowerment.
