Supreme Court Laments 'Dismal' Implementation Of Rights Of Persons With Disabilities Act, Issues Directions To States

The Supreme Court on Monday (April 22) expressed disappointment at the inadequate implementation of the Rights of Persons with Disabilities Act 2016 (RPwD) across states. Observing that the enforcement of RPwD is in a 'dismal' state, the Court directed the Ministry of Social Justice and Empowerment to consider the larger picture and provide an update in the next hearing. 

The bench of CJI DY Chandrachud and Justice JB Pardiwala was hearing a petition seeking the enforcement of the rights of persons with disabilities by implementing the RPwD Act across states. The bench directed the Chief Secretaries of Andhra Pradesh, Chattisgarh, UP, Punjab, Tripura, UT of Chandigarh to appoint State Commissioners for persons with disabilities under Section 79 of the RPwD Act by June 30.  Section 79 of RPwD provides the appointment of State Commissioners by the State governments, while Section 80 outlines the key functions of the State Commissioner which include suo motu identification of issues and suggest solutions and corrective actions concerning the disabled persons. 

"The states which have failed to appoint the commissioners for persons with disabilities under s. 79 of the RPWD Act shall positively do so on/before 30 June 2024. The Chief Secretaries of States of AP, Chattisgarh, UP, Punjab shall file an affidavit of compliance by July 8." 

The petitioner in the case is a member of a group called “Together We Can” which is a forum for parents, professionals, and other stakeholders working for the rights of children with disabilities. Advocate K. Parameshwar appeared for the petitioners in the matter. The Union, represented by ASG Mr Vikramjit Banerjee, informed that it filed an affidavit on  March 28. 

Mr Parmeshwar contended that the non-compliance of the states in effectively implementing the RPwD for a period of 7-8 years post its formulation should be considered as a 'Constitutional Tort'. 

Taking note of the same the Court observed the urgent need to 'set right' the lackadaisical approach of the states. 

" The RPwD Act came into force on April 19, 2016, though 5 years have elapsed since the enactment of the law, the implementation of RPwD across the country is still in a dismal state...We are of the view that the status of the implementation of the act needs to be set right. The Department of Disabilities in the Ministry of Social Justice and Empowerment shall duly take up the issues with all its members and update the court with a status of compliance and update the court on the next date of hearing." 

Status of RPwD Implementation - Mr Parmeshwar Details Upon Compliance Report 

In July 2023 the Top Court directed all State Governments to comply with the provisions of the Right of Persons with Disabilities Act 2016 [“RPwD Act”] expeditiously before September 30, 2023. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra also directed the States to appoint Chief Commissioners for persons with disabilities by August 31, 2023.  

Yesterday, Mr Parmeshwar submitted a detailed compliance report on the status of implementation of the RPwD in the country. The following facts were disclosed and noted by the bench : 

1.  States which have not appointed a Commissioner under S.79 of the RPwD (Appointment of State Commissioner in States) : Andhra Pradesh, Chattisgarh, Jharkhand, Punjab, Tripura, UP and UTs of Andaman and Nicobar, Lakshwadeep and Chandigarh 

2. States which have not created a fund under Section 88 (State Fund for persons with disabilities): Gujarat, Himachal Pradesh, Kerala, Mizoram, West Bengal, UTs of Delhi, Daman Diu, J&K & Ladakh 

3. States which have not constituted Special Courts for speedy trials & Public Prosecutors under Sections 84 & 85  :  Arunachal Pradesh & West Bengal; the state of Chattisgarh and UT Daman Diu does not have PPs 

4. States not having assessment boards for disability certificates under Chapter 7 of Central Rules 2017: Chattisgarh 

5. States not having assessment boards to provide high support under Chapter 5-A of Central Rules 2017   - J&K& Ladakh and Andaman and Nicobar Islands

6. Stated not having a Committee for research of disability under S. 6(2)(ii) (to protect persons with disabilities): Kerala, West Bengal, Punjab, Himachal Pradesh and UTs - J&K &Ladakh, Daman-Diu 

7. States not having constituted an Authority for proving limited guardianship under S. 14 (Provision for guardianship) : Arunachal Pradesh, Sikkim, West Bengal and UT of J&K& Ladakh (however it was submitted that the Chief Judicial Magistrate has been designated as the concerned Authority in Ladakh) 

The matter is now listed for the 2nd week of July 2024. 

On an earlier occasion, the court had directed the Ministry of Social Justice and Empowerment to file a counter affidavit indicating the state-wise implementation of the RPwD Act.

The petition also submits that Section 72 of the 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. Further, though 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. 

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

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