Supreme Court Issues Notice To States /UTs That Are Yet To Implement Provisions Of Right Of Persons With Disabilities Act 2016

Section 101(2)(a) empowers the State governments to frame rules regarding the functions of the district level committees, without the formulation of specific rules, the committees would remain ineffective. The Union Government’s affidavit states that Andhra Pradesh, Chhattisgarh, Maharashtra and Union Territory of Ladakh is yet to frame the said rules.

Section 72 of the 2016 Act which envisaged a District level Committee for each State for the purpose of ensuring that the needs of persons with disabilities are met was yet to be fully implemented. As per Union Government's affidavit Andhra Pradesh, Kerala, Union Territory of Chandigarh, Union Territory of Chandigarh, Union Territory of Dadar and Nagar Haveli and Daman and Diu, Union Territory of Ladakh and Union Territory of Lakshadweep have not constituted the District Level Committee.

On April 24, a Bench comprising Chief Justice of India, DY Chandrachud and Justice PS Narasimha issued notice to the concerned States/UTs. Previously, it had issued notice to the Union of India and the Ministry of Social Justice and Empowerment. The Ministry was directed to file its counter affidavit indicating state-wise implementation of the provisions of the 2016 Act. The Bench had asked the Union Government to convene a meeting with all concerned states and state advisory boards with a view to eliciting the present status of compliance. While issuing notice to Centre and the aforesaid Ministry the Bench had refrained from issuing notice to the State Governments at that stage, noting that it would decide on the same on perusal of the affidavit.

Noting the submission of the Additional Solicitor General, Ms. Madhavi Divan, that after the filing of the affidavit the Ministry of Social Justice and Empowerment has come across additional information, on Monday, it permitted the Ministry to file a comprehensive affidavit within a period of two weeks.

The petitioner in the case is a member of a group called “Together We Can”, a forum for parents, professionals, and other stakeholders working for rights of children with disabilities. Advocate K. Parameshwar assisted by Akshay Sahay and A. Karthik, AoR appeared for the petitioners in the matter. The petition avers that diverse provisions of the 2016 Act have not been implemented by the State Government. The petition places on record a copy of the fifth meeting of the Central advisory board of disability held on 24 June 2022 under the auspices of the Ministry of Social Justice and Empowerment. The minutes of the meeting indicate that on the date of the meeting -

1. Only 10 states had constituted separate departments for dealing with entitlements of persons dealing with disabilities;
2. 12 states have independent commissioners;
3. The States of Andhra Pradesh, Maharashtra and Union Territories of Dadra and Nagar Haveli, Daman and Diu, and Ladakh are yet to notify rules under the statute. They have not constituted the state advisory boards.

The matter is next listed on 12th May, 2023.

[Case Title: Seema Girija And Anr. v. UoI And Ors. Diary No. 29329/2021]