Supreme Court gives 8 NLUs green signal to assess implementation of RPwD Act

The Supreme Court was recently told that most States and Union Territories ahd finally appointed nodal officers to monitor the implementation of the Rights of Persons with Disabilities Act, 2016 (RPwD Act) [Justice Sunanda Bhandare Foundation v. Union of India]

By way of an order passed on April 28, a Bench of Justices Vikram Nath and Sandeep Mehta directed eight National Law Universities (NLUs) to continue with “Project Ability Empowerment”, a Supreme Court-monitored initiative launched in September 2025.

The initiative is aimed at examining conditions in State-run and private institutions housing persons with disabilities and monitoring implementation of disability rights laws.

To this end, the Court had last year ordered the Chief Secretaries of all States and Union Territories to designate a nodal officer to liaise with the monitoring institutions. However, it noted that several States and Union Territories were dragging their feet over the same. On April 28, it was informed that most governments had appointed such officers.

"The appointment of Nodal Officers provides an institutional framework for coordination and accountability, which was hitherto lacking, and is expected to facilitate the collection of accurate data, identification of deficiencies, and prompt redressal of gaps in implementation across jurisdictions."

While the initiative initially focused on mapping conditions in care institutions, the present order has expanded the exercise into a broader review of the implementation of the RPwD Act across States and UTs.

In the order passed on April 28, the Bench said that the exercise must go beyond a mere formal review. It added that the assessment should involve a "substantive evaluation" of compliance with statutory mandates, including institutional mechanisms, enforcement of rights and accessibility measures.

The Court further directed authorities, particularly the nodal officers appointed by States and UTs, to extend full cooperation to the NLUs to enable an effective and time-bound assessment of the implementation of the law.

The directions came in a long-pending matter concerning the implementation of disability rights laws in a plea filed by the Justice Sunanda Bhandare Foundation.

The Court noted that non-compliance with disability rights laws has continued for years despite repeated judicial directions.

It further said that even under the earlier Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, compliance by States and UTs remained inadequate, necessitating continued monitoring by the Court.

The Bench also pointed out that despite repeated judicial directions over the years, compliance with the 2016 Act had also remained minimal across several States and UTs.

However, the Court took note of the recent appointment of nodal officers by most States and UTs and said that the development would help create an institutional framework for better coordination and accountability.

The eight NLUs entrusted with the exercise are:

• National Law School of India University, Bengaluru, covering Karnataka, Kerala, Tamil Nadu, Andhra Pradesh, Puducherry and Lakshadweep Islands;

• National Law University Delhi, covering Delhi and Chandigarh;

• Rajiv Gandhi National University of Law, Punjab, covering Punjab, Haryana, Uttarakhand, Himachal Pradesh, Jammu & Kashmir and Ladakh;

• National Law University Jodhpur, covering Rajasthan, Gujarat and Dadra and Nagar Haveli and Daman and Diu;

• National Law University and Judicial Academy, Assam, covering Assam, Tripura, Meghalaya, Arunachal Pradesh, Nagaland, Manipur and Mizoram;

• Dr Ram Manohar Lohiya National Law University, Lucknow, covering Uttar Pradesh, Madhya Pradesh and Chhattisgarh;

• West Bengal National University of Juridical Sciences, Kolkata, covering West Bengal, Sikkim, Bihar, Jharkhand, Odisha and Andaman and Nicobar Islands; and

• Maharashtra National Law University, Mumbai, covering Maharashtra, Goa and Telangana.

The Bench directed NLU Delhi to map the extent of compliance with the provisions of the 2016 Act achieved by the Union government.

For this purpose, the Secretary of Department of Social Justice and Empowerment has been asked to nominate an officer not below the rank of Joint Secretary to participate in meetings convened by NLU.

The matter will next be heard on September 22, when updated status reports from the NLUs are expected to be placed before the Court.

[Read Order]