Appoint State commissioners to oversee enforcement of Rights of Persons with Disabilities Act by Aug 31: Supreme Court

The Supreme Court on Monday directed States to ensure the appointment of independent commissioners to look into the implementation of the Rights of Persons with Disabilities Act, 2016 (Act) in the country by August 31. [Seema Girija Lal and anr vs Union of India and ors].A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and Manoj Misra passed the order this afternoon, when the bench also alluded to the poor implementation of the Act."The status of implementation of the legislation indicates the abysmal position across the country," Chief Justice Chandrachud remarked. .Pertinently, the top court noted that chief commissioners were entrusted with several statutory duties under Section 75 and Section 80G of Act.However, a report before the Court indicated that several States and Union Territories had failed to appoint such independent commissioners as required under Section 79 of the Act..The Court, therefore, ordered the appointment of such commissioners by August 31. "We direct State governments to ensure due compliance with provisions of the Act which will remedy the deficiencies highlighted in the affidavit by the Central government. Since commissioners are entrusted to oversee the implementation of the Act, we direct States to appoint such commissioners by August 31," the Court directed.The Court further ordered the concerned Union Ministry to coordinated with the relevant ministry of all State governments to file an updated affidavit by September 17. The States were asked to upload relevant details on the dashboard of the Central government. .The matter has been listed for further hearing on September 18..The Court was hearing a public interest litigation (PIL) seeking the formation of district-level committees to enforce the Rights of Persons with Disabilities Act, 2016..The petition stated that India’s basic infrastructure to meet the needs of its nearly 3 crore persons with disabilities is 'visibly absent', and that the top court should take judicial notice of this concern. The plea had urged the Supreme Court to direct States to frame and notify Rules mandated under Sections 72 and 101(2) of the 2016 Act, if the same has not already been done.The petitioners also sought the formation of district-level committees (DLCs) to enforce the various provisions of the Act. Such committees were argued to be 'indispensable' for the effective implementation of the Act.The plea underscored that giving differential treatment to those differently-situated is an aspect of the right to equality, and that the Act codifies the rights of the specially-abled to live with dignity. In January this year, the Supreme Court had sought the response of the Union Ministry of Social Justice and Empowerment in the matter..Implementation of Rights of Persons with Disabilities Act: Supreme Court seeks response of Social Justice Ministry.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.