Supreme Court Seeks Response On Rights Of Persons With Disabilities Act

CJI DY Chandrachud headed bench seeks response of Social Justice Ministry on implementation of Rights of Persons with Disabilities Act.

Court noted the plea on the role of district-level committees in enforcing the Act. On 13 January, SC sought the response of the Union Ministry in a public interest litigation (PIL) regarding the formation of district-level committees to enforce the Rights of Persons with Disabilities Act, 2016.

The Bench led by DY Chandrachud and Justice PS Narasimha remarked, "The plea raises the vital role of district-level committees to comply with the law. Issue notice to Centre and Ministry of Social Justice and Empowerment. Counter to be filed within a month dealing with specific issues raised regarding the lack of proper implementation of the Rights of Persons with Disabilities Act and the Affidavit shall give details on State-wise compliance. " Court asked the Union to hold a meeting of all concerned ministries of State governments and State advisory boards to elicit the present status of compliance.

Supreme Court On Disabilities Act

The plea talks about the lack of basic infrastructure for over three crore persons with disabilities. It says it is 'visibly absent', and the top court must take judicial notice of the matter. The plea also asks that States should frame and notify relevant Rules as mandated under Sections 72 and 101(2) of the 2016 Act. The plea also seeks the formation of district-level committees (DLCs) to enforce the various provisions of the Act.

The petitioner argues that giving differential treatment to those disabled is an aspect of the right to equality and that the Act codifies the rights of the disabled to live with dignity. Persons with disabilities to enjoy their fundamental rights need support. The Petitioners have complained of even baseline infrastructure is not been put into place for such a community.

To back the plea, the petitioner gave certain instances such as the State of Andhra Pradesh did not formulate draft rules in this regard, West Bengal has not notified the same. Overall 8 Union Territories in India, including Lakshadweep, Puducherry, Chandigarh, Dadra & Nagar Haveli Daman & Diu, and Ladakh have yet to work on the matter. Out of 36 states and union territories, 14 of them have not constituted any DLC.

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