The Supreme Court of India has acknowledged a Public Interest Litigation (PIL) filed by Dr. Sanjay Jain, advocating for the effective enforcement of the Rights of Persons with Disabilities (RPwD) Act, 2016. The petition calls for enhanced implementation of disability rights provisions, aiming to combat systemic failures and ableist biases, promoting equal opportunities for disabled individuals.
New Delhi: The Supreme Court has taken a significant step toward improving the lives of disabled individuals by issuing notice on a Public Interest Litigation (PIL) filed by Dr. Sanjay Jain, a Professor of Law at the National Law School of India University and a prominent advocate for disability rights.
Dr. Jain, who has been visually impaired since birth, seeks comprehensive enforcement of the Rights of Persons with Disabilities (RPwD) Act, 2016. This landmark legislation, which came into effect in April 2017, was designed to replace the 1995 Act and enhance the rights and protections for disabled individuals. However, Dr. Jain’s petition argues that effective implementation has largely stalled across the country.
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The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra acknowledged the significance of the petition regarding the non-implementation of the RPwD Act. “Issue Notice. Returnable on…”, the Court ordered during the hearing. Advocate Thulasi K Raj represented Dr. Jain, who filed the PIL through Advocate on Record Mohammed Sadique T. A.
The PIL calls for thorough implementation of the RPwD Act, focusing on provisions related to reservations, state advisories, and employment opportunities to protect the fundamental rights of disabled persons under Articles 14, 15, 19, and 21 of the Constitution.
“The lack of full and effective implementation of the provisions of the RPWD Act, 2016, including those on reservation, violates the fundamental rights of persons with disabilities, denying them a life of dignity, equal opportunity, and non-discrimination, to which they are entitled,”
the petition reads.
Dr. Jain emphasizes the need for increased sensitization among government officials, particularly within the Civil Services, to foster a more accurate understanding of disability rights and combat prevailing ableist perspectives. He argues that these biases often reduce disabled individuals to their impairments, positioning them as “inferior” to able-bodied persons.
Citing multiple reports, including those from the Disability Rights Foundation and the 2021-2022 annual report by the Office of the Commissioner for Persons with Disabilities, the petition highlights systemic enforcement failures across various states. Findings indicate that many states have yet to notify specific rules under the Act or establish necessary advisory boards, while some have failed to submit compliance reports altogether. Additionally, inadequate support and transportation remain significant barriers to employment, leading to widespread joblessness among disabled individuals.
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Dr. Jain advocates for adopting a social model of disability rather than a purely medical one. He references scholar Tom Shakespeare, who argues that the social model views disability as arising from societal barriers rather than individual deficits.
“The understanding that certain prejudices and biases originate from an ableist perspective — characterizing people as if they are defined by their disabilities — must be adequately challenged,”
he asserts.
The PIL underscores the urgent need for state and central authorities to address these systemic deficiencies to ensure that the RPwD Act’s provisions are fully operationalized. By advocating for a robust, social model-based policy approach, Dr. Jain aims to uphold the rights of disabled persons to dignity, non-discrimination, and equal opportunities, ensuring that they receive the rights and support guaranteed to them by law. This pivotal case holds the potential to reshape the landscape of disability rights in India, fostering an inclusive society for all.
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