Keywords: Chief Commissioners, Rights of Persons with Disabilities Act 2016, Supreme Court, Directives, All States
On Monday, the Supreme Court issued a directive to all State Governments, urging them to expeditiously comply with the Rights of Persons with Disabilities Act 2016 (RPwD Act) before September 30, 2023. The court, headed by CJI DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra, also instructed the States to appoint Chief Commissioners for persons with disabilities by August 31, 2023. The court’s decision came as a response to a petition filed by a member of the group “Together We Can,” which advocates for the rights of children with disabilities, seeking proper implementation of the RPwD Act. Advocate K. Parameshwar, assisted by Akshay Sahay and A. Karthik, AoR, represented the petitioners in the case.
As per press reports, Annie Raja, a CPI leader, and Nisha Siddhu are named as accused in an FIR filed based on a complaint by an individual named S Liben Singh. The complaint was made against the accused for referring to the Manipur violence as “state-sponsored.”
During the previous court hearing, the Ministry of Social Justice and Empowerment was directed to submit a counter affidavit detailing the implementation status of the RPwD Act on a state-by-state basis. Additionally, the Union of India was instructed to convene a meeting involving all concerned states and state advisory boards to assess the current level of compliance.
At the beginning of the proceedings, the petitioner raised concerns about the Ministry’s affidavit, revealing that there were states where the rules of the RPwD Act had not been put into effect. In response, CJI DY Chandrachud remarked, “We can ask all the Chief Commissioners to ensure compliance with the Act.” However, the counsel emphasized the poor state of implementation, pointing out that several states had not even appointed Chief Commissioners themselves.
Recognizing this issue, the bench acknowledged the disappointing nationwide implementation status of the legislation. It was disclosed that the States of Chattisgarh, Maharashtra, and the Union Territory of Ladakh had not notified the rules under Section 101 of the RPwD Act 2016. Furthermore, States and Union Territories had failed to appoint independent commissioners under Section 79.
To address these shortcomings, the court directed all state governments to promptly comply with the provisions of the Act before September 30, 2023. Additionally, the appointment of Chief Commissioners was mandated to be completed by August 31, 2023. The Ministry of Social Justice and Empowerment was entrusted with coordinating with all state ministries and submitting a status report.
Lisa Gupta, NUSRL, Ranchi, Semester 3, an intern under Legal Vidhiya
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