Supreme Court Issues Notice On Disability Rights Activist's PIL To Strengthen Right Of Persons With Disabilities Act 2016
The Supreme Court on Monday issued notice in a PIL seeking the establishment of centres across the states for the assessment of disabilities as well as adequate reforms to strengthen the framework of the Chief Commissioner for Persons with Disabilities (CCPD) and State Commissioners (SCPDs) under the Rights of Persons with Disabilities (RPwD) Act, 2016.
The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra agreed to consider the issues raised in the PIL.
The plea has been filed by Dr. Satendra Singh, a prominent disability rights activist, licensed medical professional, and advisor to the State Commissioner for Persons with Disabilities (SCPD), New Delhi.
As per the PIL, the main grievance relates to the non-compliance and ignorance by the State Authorities of the recommendations made by the CCPD and SCPDs in matters of violation of the rights of disabled persons under the RPwD Act 2016.
Notably, Sections 75(b) and 80(b) empower CCPD and SCPDs to investigate complaints—either suo motu or based on complaints received concerning violations of the rights of persons with disabilities.
According to Sections 76 and 81, authorities must act on the recommendations issued by the Commissioners and notify them of the actions taken within three months. If a recommendation is not accepted, the reasons must be communicated to the Commissioner and the aggrieved party within the same period.
However, it has been contended that these recommendations remain only on paper as State agencies fail to take proactive steps in executing them. The Petitioner stresses the need for a uniform implementation mechanism for the recommendations.
“There is no consistent mechanism to ensure that authorities respond to recommendations, either through compliance or by providing valid reasons for non-compliance, leading to unresolved grievances for persons with disabilities. The lack of a uniform procedure weakens the grievance redressal system at the level of both the Chief Commissioner and various State Commissioners.”
The following guidelines have been proposed in the Petition for bringing effective changes at the ground level:
- Simplifying the filing and maintenance of complaints, with no rigid format or excessive documentation required other than a valid disability ID.
- Establishing a unified online portal enables easy submission and tracking of complaints across all states.
- Mandating timely action, with Commissioners empowered to issue interim recommendations in urgent cases and summon authorities in non-compliance.
- Ensure a response from the authority to whom a recommendation is made, precisely reasons in writing for non-compliance and penal action, as per Sections 89 and 93, for authorities that fail to comply with recommendations or provide reasons within three months.
- Commissioners include non-compliance cases in their annual reports and maintain detailed records of complaints and compliance reports.
The guidelines were developed in collaboration with key stakeholders, including civil society organisations and state commissioners for persons with disabilities, during the International Purple Fest 2024 State Commissioners' Meet.
The petition has been filed with the assistance of Siddharth Nath, Advocate-on-record.
Case Details : SATENDRA SINGH Versus UNION OF INDIA AND ORS. W.P.(C) No. 636/2024