Supreme Court Issues Notice In PIL Seeking 25% Increase In Monthly Allowance For Persons With Disabilities

The Supreme Court has issued notice in a Public Interest Litigation (PIL) that seeks a 25% increase in the monthly allowance provided to Persons with Disabilities (PWD) as per the provisions of Section 24 of the Rights of Persons with Disabilities Act, 2016, which mandates that the social security pension for PWD should be 25% higher than the corresponding schemes applicable in various States and Union Territories.

The Bench of Chief Justice D.Y. Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra ordered, "Mr Jayant Singh Raghav who represents the Petitioner Bhumika Trust has relied on the proviso to Section 24(1) of the Rights of Persons with Disabilities Act, 2016. Presently we are inclined to issue notice to the first Respondent. Returnable after 4 weeks. We request Ms. Aishwarya Bhati, learned ASG to assist the Court in the matter." 

The PIL filed by Bhumika Trust through its President, Jayant Singh Raghav, states that Section 24 of the Rights of Persons with Disabilities Act, 2016, stipulates the provision of a social security pension for Persons with Disabilities (PWD), which is mandated to be 25% higher than analogous schemes applicable to individuals without disabilities, unfortunately, remains largely unimplemented by most states in the country, thereby infringing upon the rights of PWD as established by this Act.

It further states that India has ratified the United Nations Convention on the Rights of Persons with Disabilities and is a party to this Convention, having an obligation to provide an adequate standard of living and social protection for persons with disabilities, in accordance with Article 28 of this Convention.

"That the amount of pension applicable to others is similar to or even higher than that of persons with disabilities in almost all the states of the country", reads the PIL. It highlights that if the aforesaid section was implemented in letter and spirit then the amount of Rs. 600 paid to old age people, widows and disabled in Jharkhand would by 25% increase be Rs. 750 for PwDs. 

The PIL highlights that if Section 24 of the 2016  Act was implemented in letter and spirit, a) the sum of Rs. 600 currently provided to senior citizens, widows, and individuals with disabilities in Jharkhand would increase by 25% to become Rs. 750 specifically for Persons with Disabilities (PwDs), b) Rs. 2500/- (for old age people, widows, disabled, eunuchs and dwarfs) in Haryana would increase to Rs. 3125/- for PwD, c) Rs. 1000/- in Jammu and Kashmir would increase to Rs. 1250/-, d) Rs. 600/- in Maharashtra would increase to Rs. 750/-, e) Rs. 2500/- in Delhi would increase to Rs. 3125/-, f) Rs. 350/- in Chattisgarh would increase to Rs. 437/- and similarly in all other States. 

It has also been submitted by the Petitioner that in Japan Adults with severe physical and mental disabilities with an income of less than ¥3.4 million yen are eligible for ¥26,800 yen a month, in Switzerland to assess the degree of invalidity, the income which you could have earned if you were not disabled, is compared to that which you could earn in an occupation compatible with your state of health, in France AAH is awarded in France as a ‘Minimum-income benefit’ for people who are disabled if they have severity rating varying from 50-80% while in UK, the Disability Living Allowance (DLA) is Tax-free.

The petitioner also states that certain states in our country are currently disbursing social security pensions to Persons with Disabilities (PWD) in compliance with the stipulations of the Rights of Persons with Disabilities Act, 2016 and hence, this practice is not without precedent, and it is the responsibility of both state and central governments to furnish social security support to PWDs in accordance with the provisions outlined in the Rights of Persons with Disabilities Act, 2016.

Accordingly, the Petitioner seeks direction to the Respondents to increase the monthly allowance of PWD in their states by 25% higher than the similar scheme/s applicable to others. 

Cause Title: Bhumika Trust v. Union Of India And Ors. [Diary No. 3724-2023]