SC Orders Data Collection on Social Security Schemes for Persons with Disability

The Supreme Court on Monday directed the Centre to gather data from all states and Union Territories regarding social security schemes for individuals with disabilities compared to those initiated for other segments of society. This directive was passed during a hearing on a plea seeking the enforcement of a law that mandates 25 percent more assistance for people with disabilities than what is provided to others through similar social welfare schemes.

A bench comprising Chief Justice D Y Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra directed the Union of India to compile the data within six weeks and submit a status report.

On September 25, the Supreme Court had issued notice to the Centre, seeking its response to the petition filed by the Delhi-based organization ‘Bhumika Trust.’ The bench had requested Additional Solicitor General Aishwarya Bhati to assist the apex court in the case.

The petition relies on the proviso to section 24(1) of the Rights of Persons with Disabilities Act, 2016. Section 24 of the 2016 Act pertains to social security, and section 24(1) states, “The appropriate government shall, within the limit of its economic capacity and development, formulate necessary schemes and programs to safeguard and promote the right of persons with disabilities for an adequate standard of living to enable them to live independently or in the community: provided that the quantum of assistance to the persons with disabilities under such schemes and programs shall be at least 25 percent higher than the similar schemes applicable to others.”

Jayant Singh Raghav, the president of the organization, informed the bench that the proviso to section 24(1) of the Act mandates that the quantum of assistance for persons with disabilities should be 25 percent more than that provided to others through similar social welfare schemes. Raghav cited different states’ disability pension programs.