LI Network
Published on:18 July 2023 at 10:50 IST
The Supreme Court of India has directed all states to appoint independent commissioners to oversee the implementation of the Rights of Persons with Disabilities Act, 2016 (Act) by August 31.
The court, comprising Chief Justice of India DY Chandrachud and Justices PS Narasimha and Manoj Misra, issued the order while expressing concern about the inadequate implementation of the Act throughout the country. The case in question is titled Seema Girija Lal and anr vs Union of India and ors.
During the proceedings, Chief Justice Chandrachud remarked on the disappointing state of implementation of the legislation nationwide.
The court noted that chief commissioners hold various statutory duties under Section 75 and Section 80G of the Act. However, a report presented before the court indicated that several states and union territories had failed to appoint independent commissioners, as required under Section 79 of the Act.
In light of these findings, the court ordered all states to appoint independent commissioners by August 31 to oversee the implementation of the Act.
The court emphasized the importance of compliance with the Act’s provisions to address the deficiencies highlighted in the affidavit submitted by the Central government.
The court further directed the relevant union ministry to collaborate with the respective ministries of all state governments to file an updated affidavit by September 17. States were also instructed to upload relevant details on the Central government’s dashboard. The case has been scheduled for further hearing on September 18.
The court’s decision stems from a public interest litigation (PIL) filed seeking the establishment of district-level committees (DLCs) to enforce the Rights of Persons with Disabilities Act, 2016. The petition highlighted the absence of basic infrastructure in India to meet the needs of the approximately 3 crore persons with disabilities and urged the court to take notice of this concern.
The petitioners requested the Supreme Court to direct states to frame and notify the rules mandated under Sections 72 and 101(2) of the Act, if not already done.
Additionally, the petition called for the formation of DLCs to effectively enforce the provisions of the Act, emphasizing their indispensability for its implementation.
The plea underscored that providing equal treatment to differently-abled individuals is a fundamental aspect of the right to equality and that the Act codifies the rights of persons with disabilities to live with dignity.
In January of this year, the Supreme Court sought a response from the Union Ministry of Social Justice and Empowerment regarding this matter.
