The Supreme Court has issued a notice on a Public Interest Litigation filed by Dr. Sanjay Jain, seeking effective implementation of the Rights of Persons with Disabilities Act, 2016. Dr. Jain highlights significant shortcomings in enforcement and lack of awareness among civil servants regarding disability rights, arguing these failings violate constitutional rights and hinder opportunities for disabled individuals.
New Delhi: The Supreme Court on Monday issued notice on a Public Interest Litigation (PIL) seeking comprehensive and effective implementation of the Rights of Persons with Disabilities Act, 2016 (RPWD Act). This plea, titled Dr Sanjay Jain v Union of India and Ors., was filed by Dr. Sanjay Jain, a law professor at the National Law School of India University (NLSIU) Bangalore and a prominent disability rights advocate.
A Bench of Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, issued notice on the plea. Dr. Jain, who has been blind since birth, seeks directions to ensure that the Central government fully adheres to the provisions of the RPWD Act. The plea emphasizes the need for raising awareness among civil service officers on disability rights and fostering a nuanced understanding of disability issues.
The RPWD Act, which came into effect on April 19, 2017, replaced the 1995 Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act. Despite the new Act’s potential, Dr. Jain’s petition highlights serious shortcomings in its enforcement, which he argues are depriving individuals with disabilities of equal opportunities.
The plea cites several reports that underscore the Act’s insufficient implementation. These include a 2018 report by the Disability Rights Foundation and a 2021-2022 annual report from the Office of the Commissioner for Persons with Disabilities. Both reports revealed that many states have yet to notify rules or establish advisory boards, key steps necessary for the Act’s effective application.
Dr. Jain contends that these failings violate Articles 14, 15, 19, and 21 of the Indian Constitution, as they deny disabled persons their fundamental rights and dignity. He argues for dismantling ableist attitudes and shifting from a medical to a social model of disability, as proposed by the renowned disability scholar Tom Shakespeare. This approach places emphasis on societal adaptation to accommodate disabilities rather than viewing them solely as medical issues.
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Additionally, Dr. Jain’s petition notes that inadequate implementation of reservations and other protective measures under the Act results in discrimination against disabled individuals, limiting their access to education, employment, and public services.
Given these significant concerns, Dr. Jain’s plea calls for immediate judicial intervention to ensure the RPWD Act’s mandates are upheld comprehensively, promoting genuine inclusivity and equality for individuals with disabilities.
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