Status Of Implementation Of Rights Of Persons With Disabilities Act Needs To Be Set Right: SC Sternly Directs Chief Secretaries To Appoint Commissioners And Report Compliance
|The Apex Court has directed the Chief Secretaries of the States to appoint the Commissioners and report the compliance of the directions in a civil writ petition filed by a group seeking to enforce the rights of persons with disabilities guaranteed under the Constitution of India and codified in the Right of Persons with Disabilities Act, 2016.
The Bench of Chief Justice DY Chandrachud and Justice JB Pardiwala said, “Though over five years have elapsed since the enactment of the law, the implementation across the country is still in a dismal stage. As already noticed earlier, many States had not even framed the rules under the Act which under Section 101(1), were required to frame within 6 months from the date of the commencement.... We are of the view that the status of the implementation of the Act needs to be set right. The Department of Empowerment of Persons with Disabilities and the Ministry of Social Justice And Empowerment shall duly take up the issue with all their counterparts and report the updated status of compliance before this court on or before the next date…So we have asked all the Chief Secretaries to at least appoint the Commissioners and report the compliance.”
Advocate K Parameshwar appeared on behalf of the Petitioners and submitted that he has prepared a brief note indicating the status of compliance, after duly incorporating the facts set out in the Status Report filed by the Union. He submitted that various States and Union Territories have not appointed Commissioners as required under Section 79 of the Act. He also submitted that this should be considered a constitutional tort.
The Court on the submissions made by Advocate Parameshwar, said, “The position as it emerges before the court is as follows: 1. Appointment of Commissioners under Section 79…The States of Andhra Pradesh, Chhattisgarh, Jharkhand, Punjab, Tripura and UP and the Union Territories of Andaman And Nicobar, Lakshadweep and Chandigarh, have not appointed commissioners…2. Constitution of Creating Funds under Section 88...The States of Gujarat Himachal Pradesh, Kerala, Mizoram, West Bengal and the Union Territories of Daman and Diu, the NCT of Delhi, Jammu&Kashmir and Ladakh have not complied as well have not sanctioned.”
The Bench further said, “3. Special Courts of Speedy Trial under Section 84 and Public Prosecutor under Section 85…The States of Arunachal Pradesh and West Bengal do not have Special Courts and Public Prosecutor. The States of Chhattisgarh and the Union Territory of Daman and Diu do not have Public Prosecutors. 4. The State of Chattisgarh has not constituted the Assessment Board. 5. The assessment board to provide high support…The union territories of Jammu and Kashmir and Ladakh and Andaman and Nicobar do not have such Courts. 6. Committee for research on disability under Section 6 (2)(ii)…The States of Kerala, West Bengal, Punjab and Arunachal Pradesh and Union Territories of Daman&Diu and Jammu&Kashmir and Ladakh.”
Today, ASG Vikramjit Banerjee on behalf of the Union Government, filed the updated latest Status Report setting out the progress in the implementation of the Right of Persons with Disabilities Act, 2016 throughout the country, based on which the Court sternly directed the States to comply with the directions.
It was also submitted by the Counsel for the Petitioner that Section 72 of the Right of Persons with Disabilities Act 2016 envisages the constitution of District Level Committees for each district, which has not been done yet.
In January 2023, the Apex Court directed the Union Government to convene a meeting of all the concerned Ministries of the State Governments and the State Advisory Boards with a view to eliciting the present status of compliance.
On July 17, 2023, the Union government had filed an affidavit through the Joint Secretary in the Department of Empowerment of Persons with Disabilities in the Ministry of Social Justice and Empowerment. Annexure II to the affidavit had indicated the status of the implementation of the provisions of the Rights of Persons with Disabilities Act 20161 in the States/Union Territories as on 11 May 2023. On that day the Court had directed all the State Governments/Union Territories to upload the relevant data pertaining to the status of compliance on the dashboard of the Union Ministry of Social Justice and Empowerment.
The Petitioners had approached the Supreme Court for the constitution of the District Level Committee (DLC) in each district of India. They were aggrieved with the State’s failure to adequately implement the provisions provided under the Right of Persons with Disabilities Act, 2016. The non-constitution of DLC results in a “de-facto breach of fundamental rights” of the persons with disabilities, they said.
Recently, the Supreme Court has issued a notice in another Public Interest Litigation challenging the exclusion of Persons with Disabilities (PwDs) from appointments as Judges in the district Judiciary. The plea sought directions to set right or streamline the existing judicial services rules of different states and High Courts for the appointment of Judges to the District/Lower Judiciary under PwD Quota as per the mandate of Section 34, read with 33 of the Act 2016.
Cause Title: Seema Girija Lal & Anr. v. Union of India & Ors. (WP(C) Diary No(s). 29329/2021)