Today,22nd April, The Supreme Court voiced serious concerns regarding the inadequate implementation of the Rights of Persons with Disabilities Act. Highlighting significant lapses, the court emphasized the urgent need for effective enforcement to ensure the intended benefits reach those with disabilities. This call to action highlights the legal and moral obligation of authorities to improve the situation.
New Delhi: On Monday, the Supreme Court expressed its disappointment over the lackluster enforcement of the Rights of Persons with Disabilities Act, 2016 (RPWD Act) throughout India, noting that more than five years have elapsed since the legislation was passed.
Chief Justice of India DY Chandrachud and Justice JB Pardiwala highlighted that numerous states have yet to establish regulations under the Act, a task that supposed to be completed within six months after the law took effect.
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The Court stated,
“Numerous states have yet to draft regulations as mandated by the Act, which was required to be accomplished within six months… We believe it is imperative to rectify the state of enforcement of the Act. The Department of Rights of Persons with Disabilities (RPWD) is tasked with addressing this issue with all relevant parties and will submit a report on compliance to this Court.”
Today, the Court mentioned that it issued multiple directives aimed at ensuring the effective enforcement of the Act. This came as the Court addressing a public interest litigation (PIL) that advocates for the establishment of committees at the district level to uphold the Rights of Persons with Disabilities Act, 2016. Last year, the Court requested a response from the Union Ministry of Social Justice and Empowerment regarding this issue.
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During today’s hearing, the highest court highlighted that several States and Union Territories yet to meet their obligations under the Right of Persons with Disabilities Act.
Key issues noted by the Court include:
- The States of Andhra Pradesh, Chhattisgarh, Jharkhand, Punjab, Uttar Pradesh, and the Union Territories of Andaman and Nicobar Islands have not appointed Commissioners as required under the Act.
- Governments of Gujarat, Himachal Pradesh, Kerala, Mizoram, West Bengal, Delhi, Daman and Diu, Jammu and Kashmir, and Ladakh have not established funds as mandated by Section 88 of the Act.
- Arunachal Pradesh and West Bengal lack special courts for speedy trials of offenses under the Act or the required public prosecutors for such cases.
- Chhattisgarh and the Union Territory of Daman and Diu do not have appointed public prosecutors for handling cases under the Act.
- Chhattisgarh has not formed assessment boards as required.
- Jammu and Kashmir, Ladakh, and Andaman and Nicobar Islands lack assessment boards to provide necessary facilities as mandated.
The Court called for urgent steps to address these deficiencies, with the next hearing scheduled for the second week of July. This highlights the pressing need for stronger implementation and enforcement mechanisms to ensure the rights and protections of persons with disabilities across the country.