Supreme Court Asks Chief Secretaries Of States/UTs To Designate Senior Officer To Supervise Compliance With RPwD Act

In a PIL seeking implementation of the provisions of Rights of Persons with Disabilities Act, the Supreme Court recently called on non-compliant states/Union Territories to file by February, 2025 their response/affidavits on further steps taken to comply with the provisions of the Act.  

A bench of Justices Hrishikesh Roy and SVN Bhatti further asked Chief Secretary of each state/UT to designate a senior officer to supervise the process of compliance with the provisions.

The order was passed taking into account a chart placed on record by Advocate Manali Singhal (for petitioner), indicating non-compliance of the provisions of the Act by few states/UTs. As per this chart, states/UTs of Andaman & Nicobar Island, Andhra Pradesh, Bihar, Karnataka, Lakshadweep, Odisha, Puducherry, Tamil Nadu, Uttar Pradesh and Uttarakhand have fully complied with the provisions of the Act.

For the non-compliant states/UTs, respective counsels (except for Himachal Pradesh, Chandigarh and J&K) assured that necessary steps for full compliance would be taken.

Background

The writ petition was filed by 'Justice Sunanda Bhandare Foundation', a charitable trust, seeking the following reliefs:

i. implementation of the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (replaced by Rights of Persons with Disabilities Act, 2016);

ii. direction for reservation of 1% of identified teaching posts in faculties and colleges of various Universities in terms of Section 33 of the 1995 Act, and

iii. declaration that denial of appointment to visually disabled persons in faculties and colleges of various Universities in identified posts is violative of their fundamental rights guaranteed under Articles 14 and 15 read with Article 41 of the Constitution of India.

In 2014, the Court observed that the 1995 Act had to be implemented in letter and spirit. Accordingly, it issued directions to Central Government, State Governments and Union Territories to implement the provisions of the Act.

Subsequently, on 6 March, 2020, the Court directed all State Governments to file their compliance affidavits. Though some States filed their response, others did not. In January, 2024, the non-compliant states/UTs were given 8 weeks to do the needful.

Case Title: JUSTICE SUNANDA BHANDARE FOUNDATION v. U.O.I., W.P.(C) No. 116/1998

Click Here To Read/Download Order