CJI DY Chandrachud decided to give importance to the proper implementation of Rights of Persons with Disabilities Act, 2016 at the district-level committees.
The Supreme Court on Friday sought the response of the Union Ministry of Social Justice and Empowerment in a public interest litigation (PIL) seeking the formation of district-level committees to enforce the Rights of Persons with Disabilities Act, 2016. (Seema Girija Lal and anr v. Union of India and ors)
A Bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha noted,
“The plea raises important role of district level committees to comply with law. Issue notice to Centre and Ministry of Social Justice and Empowerment. Counter to be filed within a month dealing with specific issues raised regarding lack of proper implementation of the Rights of Persons with Disabilities Act. Affidavit shall give details on State-wise compliance. Union to also hold a meeting of all concerned ministries of State governments and State advisory boards with a view to eliciting present status of compliance.”
The filed PIL states that India should also focus on fullfiling the needs of its nearly 3 crore persons with disabilities. Due to less effort over the improvement of the disabled person, depicts ‘visibly absent’.
It also states the judicial notice should be taken in accordance of the same and the States Pursued to frame and notify relevant Rules as mandated under Sections 72 and 101(2) of the 2016 Act.
Further enunciates, the formation of district-level committees (DLCs) which will enhance the effective execution of the various provisions of the act, as argued being ‘indispensable’, in the betterment of the people.
A proper action needs to be taken by both state and judicial bodies to bring forth disabled people and make definite base for the equal development of the same.
“Persons with disabilities necessarily need further support to ensure they can effectively enjoy their fundamental rights. The grievance of the Petitioners is that notwithstanding the dictums of this Court and also the statutory enactments, even baseline infrastructure for persons with disabilities has not been put into place. The effect is a de facto deprivation of their rights.”
The plea even thrown limelight over the lacuna in the functioning of the States on the grievous matter as the State of Andhra Pradesh has failed in formulating draft rules for the same, while West Bengal didn’t even replied.
“…out of the 8 Union Territories in India, Union Territories of Lakshadweep and Puducherry do not seem to have framed any rules. Chandigarh, Dadra & Nagar Haveli Daman & Diu, and Ladakh have yet to formalise the draft rules framed by them and notify it.”
Further, out of 36 states and union territories (combined), 14 of them have not constituted any DLC.
“…Gujarat, Kerala, Union Territory of Dadra & Nagar Haveli and Daman & Diu, and Chandigarh in their replies have confirmed that DLCs have not been constituted so far in all the districts. In fact, except Meghalaya, almost all States are in default.”
The court has asked Additional Solicitor General Madhavi Divan for the assistance regarding the issue.
BY: AYUSHI BHUSHAN, 1st YEAR, BA.LLB(INTEGRATED), BANASTHALI UNIVERSITY, RAJASTHAN
