Supreme Court’s directions on the Disabilities Act

The Supreme Court instructed six states to appoint state commissioners under the Disabilities Act.

Key Issues in RPwD Act Implementation:

• State Commissioners for Persons with Disabilities (PwDs) have not been appointed in Andhra Pradesh, Chhattisgarh, Jharkhand, Punjab, Tripura, Uttar Pradesh, Andaman and Nicobar, Lakshadweep, and Chandigarh.
  • The role of State Commissioners is vital for monitoring fund usage and ensuring effective RPwD Act implementation.
• A State Fund for PwDs under Section 88 has not been created in Gujarat, Himachal Pradesh, Kerala, Mizoram, West Bengal, Delhi, Daman Diu, Jammu and Kashmir, and Ladakh.
• Special Courts and Special Public Prosecutors have not been appointed in Arunachal Pradesh and West Bengal.
  • These courts are essential for speedy trials in cases involving PwDs.
• Public prosecutors have not been appointed in special courts in Chhattisgarh and Daman Diu.
• Assessment boards for issuing disability certificates and providing necessary support are missing in several regions.
• An authority for limited guardianship has not been established.
  • This is crucial for enabling joint decision-making between the guardian and the PwD based on mutual understanding and trust.

About the RPwD Act 2016:

• The Rights of Persons with Disabilities (RPwD) Act was enacted in April 2016.
  • It aims to enforce the rights and promote the welfare of persons with disabilities across India.
• The Act aligns with the United Nations Convention on the Rights of Persons with Disabilities.
  • It ensures comprehensive measures are in place to support this population segment.
• It is administered by the Ministry of Social Justice & Empowerment (MoSJ&E).
  • The ministry oversees the Act’s implementation and adherence.

Key Features of the RPwD Act:

• The Act covers 21 disabilities, including a range of physical and intellectual disabilities, mental illness, blood disorders, and neurological conditions.
• It ensures the right to free education for children aged 6 to 18 years who have benchmark disabilities.
  • This aids their integration into mainstream educational systems.
• The Act specifies reservations:
  • 5% reservation in government and government-aided higher educational institutions.
  • 4% reservation in government jobs.
• Penalties are established for offences against persons with disabilities.
  • These serve as a deterrent against discrimination and harm.
• Each state is required to form a committee focused on disability issues.
  • This enhances localized support and research for the disabled.
• The Act outlines the salary, allowances, and terms of service for the State Commissioner.
  • This highlights the support structure designed to uphold the rights of disabled persons.

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