Supreme Court informed of non-compliance with Rights of Persons with Disabilities Act by some States/UTs
The Union Government has filed an affidavit in response to a plea seeking enforcement of the Rights of Persons with Disabilities Act 2016. The affidavit revealed that certain States/UTs have not yet formulated rules under Section 101 of the Act, which empowers them to frame rules regarding the functions of the district level committees. This means that the committees remain ineffective in those states.
The Union Government's affidavit also indicated that some States/UTs have not yet constituted District Level Committees under Section 72 of the Act, which is meant to ensure that the needs of persons with disabilities are met. The states listed in the affidavit as non-compliant with Section 72 include Andhra Pradesh, Kerala, Union Territory of Chandigarh, Union Territory of Dadar and Nagar Haveli and Daman and Diu, Union Territory of Ladakh, and Union Territory of Lakshadweep. The Union Government's affidavit serves as notice to these non-compliant states and UTs.
Supreme Court serves notice to concerned States/UTs over non-compliance with Rights of Persons with Disabilities Act
The Chief Justice of India, DY Chandrachud, and Justice PS Narasimha issued notice to certain States/UTs regarding their non-compliance with the Rights of Persons with Disabilities Act 2016. The notice was issued after a plea seeking enforcement of the Act was filed by the "Together We Can" forum, represented by Advocate K. Parameshwar.
Previously, the Bench had issued notice to the Union of India and the Ministry of Social Justice and Empowerment, directing them to file a counter affidavit indicating the state-wise implementation of the Act's provisions. The Union Government was also asked to convene a meeting with concerned states and advisory boards to elicit the present status of compliance.
During the proceedings, the Additional Solicitor General, Ms. Madhavi Divan, submitted that the Ministry of Social Justice and Empowerment had come across additional information after filing the affidavit. The Bench permitted the Ministry to file a comprehensive affidavit within two weeks.
The petitioner's plea highlights that various provisions of the 2016 Act have not been implemented by the State Governments. The plea also includes the minutes of the fifth meeting of the Central Advisory Board of Disability, which reveals that some States/UTs are yet to notify rules under the statute and constitute state advisory boards. The meeting disclosed that only 10 states had separate departments dealing with entitlements of persons with disabilities, and 12 states had independent commissioners.
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TAGS: Rights of Persons with Disabilities Act non-compliance Supreme Court notice State Governments Union Territories District Level Committee implementation petition Together We Can Ministry of Social Justice and Empowerment counter affidavit compliance plea Advocate K. Parameshwar Central Advisory Board of Disability entitlements independent commissioners.
