Apex Court Issues Notice In PIL By Visually Impaired Law Professor For Full Implementation Of Rights Of Persons With Disabilities Act

The Supreme Court today issued notice in a Public Interest Litigation (PIL) filed by Dr. Sanjay Jain, a Professor of Law at the National Law School of India University and a well-known disability rights advocate who has been visually impaired since birth. 

The PIL seeking comprehensive enforcement of the Rights of Persons with Disabilities (RPwD) Act, 2016. This landmark legislation, which came into effect in April 2017, aimed to replace the 1995 Act and secure enhanced rights and protections for disabled individuals. However, Jain's petition contends that, despite its passage, effective implementation has largely stalled across the country.

The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra noted that this petition is with respect to the non-implementation of the Rights of Persons with Disabilities Act. 

"Issue Notice. Returnable on..", the Court ordered. 

During the hearing, Advocate Thulasi K Raj appeared for the Law Professor. 

The PIL filed through AoR Mohammed Sadique T. A. calls for thorough implementation of the RPwD Act, especially provisions regarding reservations, state advisories, and employment opportunities, to safeguard the fundamental rights of disabled persons under Articles 14, 15, 19, and 21 of the Constitution.

"The lack of full and effective implementation of the provisions of the RPWD Act, 2016 , including those on reservation violates the fundamental rights of persons with disabilities, and denies them a life of dignity, equal opportunity, and non-discrimination, to which they are entitled," the petition reads.

Jain also seeks increased sensitization among government officials, especially within the Civil Services, to foster a more accurate understanding of disability rights and to combat persisting ableist perspectives. According to Jain, these biases often reduce disabled individuals to their impairments and position them as “inferior” to able-bodied persons.

Citing multiple reports, including the Disability Rights Foundation and the 2021-2022 annual report by the Office of the Commissioner for Persons with Disabilities, the petition highlights the lack of enforcement across several states. Findings indicate that many states have yet to notify specific rules under the Act or establish necessary advisory boards, while some have failed to submit compliance reports altogether. Further, an article annexed to the petition points to inadequate support and transportation as primary barriers to employment, resulting in widespread joblessness among disabled individuals.

Jain emphasized the importance of adopting a social model of disability as opposed to a purely medical one. He referenced scholar Tom Shakespeare’s analysis, which argues that the social model views disability as arising from societal barriers rather than individual deficits.

"The understanding that certain prejudices and biases originate from an ableist perspective i.e characterizing people as if they are defined by their disabilities. There is another dimension to this thinking that disabled persons are inferior in comparison to able bodied persons. Both these impressions must be adequately challenged and met with. Moreover, the social and medical model of disability must be distinguished as well. As summarized by Tom Shakespeare, “The social model is distinguished from the medical or individual model. Whereas the former defines disability as a social creation – a relationship between people with impairment and a disabling society – the latter defines disability in terms of individual deficit…((Shakespeare, Tom, The Social Model of Disability, The Disabilities Study Reader, Ed. Lennard, 2010, 266-273). An adequate disability rights policy must envision a properly tailored approach. The implementation strategy of the RPwD Act lacks precisely this," he contends.

The PIL asserts that a robust, social model-based policy approach is essential for achieving the Act's goals while also upholding the rights of disabled persons to dignity, non-discrimination, and equal opportunities. The PIL underscores the urgent need for state and central authorities to address these systemic deficiencies to ensure that the RPwD Act’s provisions are fully operationalized and that disabled persons receive the rights and support guaranteed to them by law.

Cause Title: Dr. Sanjay Jain v. Union of India and Ors. [W.P.(C) No. 705/2024; Diary No. 45995/2024]