The Supreme Court has directed all state governments to ensure the appointment of independent commissioners and comply with the provisions of the Rights of Persons with Disabilities Act, 2016 (RPwD Act) by specific deadlines. The order comes in response to a public interest litigation (PIL) seeking the enforcement of rights for persons with disabilities and the implementation of the RPwD Act. The bench, comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra, emphasized the need for improved implementation of the Act and expressed concern over its abysmal status across the country.
The court observed that several states and union territories had failed to appoint independent commissioners, as mandated under Section 79 of the Act. Consequently, the court ordered the states to appoint such commissioners by August 31. It further directed the concerned union ministry to coordinate with state ministries and file an updated affidavit by September 17. The states were also instructed to upload relevant details on the central government's dashboard.
In response to the PIL, the court previously sought the Union Ministry of Social Justice and Empowerment's response. The petition highlighted the absence of basic infrastructure in India to meet the needs of the approximately 3 crore persons with disabilities. It called for the formation of district-level committees (DLCs) to enforce the provisions of the Act, emphasizing their indispensable role in ensuring its effective implementation. The petition also stressed that differential treatment of differently-abled individuals is a matter of equality, and the Act codifies their rights to live with dignity.
During the hearing, the court underscored that the RPwD Act delegated various statutory duties to chief commissioners under Sections 75 and 80G. However, a report revealed the failure of several states and union territories to appoint independent commissioners as required. In light of this, the court directed states to appoint commissioners by August 31 and comply with the Act's provisions to address the deficiencies highlighted in the affidavit filed by the central government.
The matter will be further heard on September 18, allowing the court to assess the progress made in implementing the Act and the appointment of commissioners. The Supreme Court's directive aims to ensure the effective implementation of the RPwD Act and promote the rights and well-being of persons with disabilities throughout the country.
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