Supreme Court Calls for Urgent Action to Ensure Rights of Persons with Disabilities

The Supreme Court, in its hearing on Monday, expressed deep concern over the inadequate enforcement of the Rights of Persons with Disabilities Act 2016 (RPwD) across various states in India. Terming the enforcement of the act as 'dismal', the Court directed the Ministry of Social Justice and Empowerment to take cognizance of the situation and provide an update on the progress in the next hearing.

A petition urging the implementation of the RPwD Act was being reviewed by a bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala. The petition highlighted the necessity for enforcing the rights of persons with disabilities as outlined in the RPwD Act. In response, the bench directed the Chief Secretaries of several states, including Andhra Pradesh, Chattisgarh, Uttar Pradesh, Punjab, Tripura, and the Union Territory of Chandigarh, to appoint State Commissioners for persons with disabilities by June 30, as mandated by Section 79 of the RPwD Act.

Section 79 of the RPwD Act necessitates the appointment of State Commissioners by the respective State Governments, while Section 80 delineates the crucial functions of these commissioners, which include proactively identifying issues concerning disabled persons and recommending appropriate solutions.

Furthermore, the Court instructed the concerned states to file an affidavit of compliance by July 8, ensuring tangible progress in appointing State Commissioners for persons with disabilities.

The petitioner, representing the group "Together We Can," emphasized the urgent need for effective implementation of the RPwD Act, pointing out the failure of states to enforce it for several years after its enactment. Advocate K. Parameshwar, appearing for the petitioners, argued that the non-compliance of states should be viewed as a 'Constitutional Tort', given the prolonged neglect of disability rights.

Acknowledging the gravity of the situation, the Court underscored the necessity to rectify the lackadaisical approach of the states towards implementing the RPwD Act. Despite the act coming into force on April 19, 2016, the Court noted with concern that the implementation across the country remains deficient.

In a detailed compliance report presented by Mr. Parmeshwar, several shortcomings in the implementation of the RPwD Act were highlighted. These included the failure of certain states to appoint Commissioners, establish special courts for speedy trials, create funds for persons with disabilities, and constitute assessment boards, among other lapses.

The Court has scheduled the next hearing on this matter for the second week of July 2024. Previously, the Court had directed the Ministry of Social Justice and Empowerment to furnish a counter affidavit delineating the state-wise implementation of the RPwD Act.

The petition also underscored the partial implementation of Section 72 of the act, which mandates the formation of District level Committees to ensure the needs of persons with disabilities are met. Moreover, Section 101(2)(a) empowering state governments to frame rules regarding the functions of these committees remains largely unimplemented.

The Supreme Court's directives underscore the imperative of expediting the implementation of the RPwD Act across states to ensure the rights and welfare of persons with disabilities are upheld effectively.