Top legal Picks

SUPREME COURT OVER ‘DISMAL’ IMPLEMENTATION OF RPwD ACT 2016

by | Apr 24, 2024

The recognition of disability as a specific ground for discrimination under Article 15 (and Article 16) of the Indian Constitution is a beacon of hope for the disability rights movement. This long-awaited amendment has been fervently advocated for, and recent legal developments are shedding light on the urgent need for its implementation.The case of Seema Girija v. UoI brings to the forefront the pressing issues surrounding the Rights of Persons with Disabilities Act (RPwD) and the challenges in its enforcement across states. The demand for amending Article 15 to explicitly include disability as a ground for discrimination has been reiterated by disability rights activists. This call for amendment gained further momentum after the UN Committee on the Rights of Persons with Disabilities highlighted this critical gap in India’s compliance with the UNCRPD in 2019.

Background:

  • Article 15 Amendment Demand: Disability rights activists have long demanded an amendment to Article 15 of the Constitution to explicitly include disability as a ground for discrimination. The UN Committee on the Rights of Persons with Disabilities also highlighted this omission in its observations on India’s compliance with the UNCRPD in 2019.

Key Aspects:

  • Amendment to Article 15 to include disability as a ground for discrimination.
  • UN Committee’s observations on India’s compliance with the UNCRPD.
  • Challenges in the implementation of the RPwD Act.

Supreme Court Ruling and CJI Remarks:

  • The Supreme Court, comprising CJI DY Chandrachud and Justice JB Pardiwala, expressed disappointment at the inadequate implementation of the RPwD Act across states.
  • The Court directed the Ministry of Social Justice and Empowerment to provide an update on the enforcement of RPwD in the next hearing.
  • Chief Secretaries of several states were directed to appoint State Commissioners for persons with disabilities by June 30.

Rights of Persons with Disabilities Act 2016 (RPwD):

  • RPwD Act aims to protect the rights and promote the inclusion of persons with disabilities.
  • Enacted on April 19, 2016.
  • Key provisions include the appointment of State Commissioners, creation of a State Fund, establishment of Special Courts, assessment boards for disability certificates, and more.

Case: Seema Girija v. UoI:

  • Petitioner: “Together We Can,” a forum for rights of children with disabilities.
  • Advocate K. Parameshwar represents the petitioners.
  • Union represented by ASG Mr Vikramjit Banerjee.
  • Supreme Court expresses disappointment at the ‘dismal’ state of RPwD Act enforcement.
  • Directions to Chief Secretaries of states for appointment of State Commissioners.

Mr. Parameshwar Details Upon Compliance Report:

Legal Analysis

Framework
Appointment of Commissioners under S.79 of RPwD Act Section 79 of RPwD Act mandates State governments to appoint Commissioners for persons with disabilities. States failing to do so violate the RPwD Act.
Creation of State Fund under Section 88 Section 88 of RPwD Act requires States to establish a State Fund for persons with disabilities. Failure to create this fund is a violation of the RPwD Act.
Special Courts & Public Prosecutors under Sections 84 & 85 Sections 84 & 85 of RPwD Act pertain to the establishment of Special Courts and appointment of Public Prosecutors for speedy trials. Non-compliance violates the RPwD Act.
Assessment Boards for disability certificates under Chapter 7 Chapter 7 of Central Rules 2017 provides for Assessment Boards. States not having these boards for disability certificates are not adhering to RPwD Act.
Assessment Boards for high support under Chapter 5-A Chapter 5-A of Central Rules 2017 is about Assessment Boards for providing high support. States lacking these boards are not in line with RPwD Act.
Committees for research of disability under S. 6(2)(ii) Section 6(2)(ii) of RPwD Act mandates the formation of Committees for research of disability. States without these Committees are not fulfilling RPwD Act requirements.
Authority for limited guardianship under S. 14 Section 14 of RPwD Act deals with the provision for limited guardianship. States without designated Authorities for this violate RPwD Act.

 

The case of Seema Girija v. UoI and the subsequent directives from the Supreme Court highlight the urgent need for effective implementation of the RPwD Act across India. The detailed compliance report presented by Mr. Parameshwar sheds light on the areas where states are lagging. The road to upholding the rights of persons with disabilities is paved with legal battles and the tireless efforts of advocates and activists. As the matter is listed for the second week of July 2024, all eyes are on the government and state authorities to ensure the full realization of these rights.

Source- The Hindu

Also read- DAILY CURRENT AFFAIRS (23 APRIL 2024)– Gharunda Scheme.

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

Related Posts