SC Criticizes States for Poor Implementation of Disabilities Act

The Supreme Court, expressing dissatisfaction over certain states’ failure to formulate requisite rules, remarked that the implementation of the Rights of Persons with Disabilities Act, 2016 remains at a “dismal stage.”

The Bench

A bench of Chief Justice D Y Chandrachud and Justice J B Pardiwala, was hearing a petition seeking the establishment of district-level committees to enforce the Act, voiced their concerns.

They pointed out that despite the passage of time, numerous states have yet to draft the necessary rules under the Act. Emphasizing that such rules were to be framed within six months of the law’s enactment, the bench highlighted that several states have not even appointed commissioners as mandated by the Act.

The bench emphasized the urgent need to rectify the current state of implementation and scheduled further hearings for the second week of July. Section 101 of the Act stipulates that the state government, within six months of the Act’s commencement, may, through notification and subject to the condition of prior publication, promulgate rules for executing the Act’s provisions.

These rules encompass the establishment of a committee for disability research, the composition of district-level committees, the determination of salaries, allowances, and other service conditions of the state commissioner, and the establishment of funds for persons with disabilities.

The Supreme Court underscored its issuance of multiple orders urging proper implementation of the Act, yet observed that several states and Union Territories have yet to fulfill their obligations.

States & UT

Notably, Andhra Pradesh, Chhattisgarh, Jharkhand, Punjab, and Uttar Pradesh have not appointed state commissioners, while Gujarat, Himachal Pradesh, Kerala, Mizoram, West Bengal, Delhi, Daman and Diu, Jammu and Kashmir, and Ladakh have yet to establish the prescribed funds. Additionally, special courts for expeditious adjudication of cases involving persons with disabilities remain unestablished in Arunachal Pradesh and West Bengal, and public prosecutors have not been appointed in such courts in Chhattisgarh and Daman and Diu.

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