A notice has been issued by the Supreme Court of India to the central government and others on a PIL seeking comprehensive and effective implementation of the Rights of Persons with Disabilities (RPWD) Act, 2016.
A bench comprising Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra was hearing the PIL filed by Sanjay Jain, a Professor of Law at the National Law School of India University (NLSIU), Bangalore.
Renowned disability rights activist, Jain, who has been blind since birth, is urgently calling on the central government to enforce the provisions of the Rights of Persons with Disabilities (RPWD) Act. This appeal also stresses the importance of educating civil service officers about disability rights and fostering a deeper understanding of disability issues.
The plea said despite the RPWD Act coming into force on April 19, 2017, there were significant shortcomings in its execution.
The plea referred to various reports, including a 2018 joint report by the Disability Rights Foundation and other organisations, which indicated that numerous states have yet to notify the necessary rules or establish advisory boards.
The 2021-2022 annual report by the Office of the Commissioner for Persons with Disabilities echoed these concerns, demonstrating a lack of progress in many states, it said.
The plea said there was inadequate implementation of the RPWD Act and it violated Articles 14, 15, 19, and 21 (fundamental rights like right to equality, protection against discrimination, right to life and personal liberty) of the Constitution.
Inadequate implementation of the law has led to depriving persons with disabilities of their fundamental rights and dignity.
The petition further underscored that the failure to apply reservation and other measures under the Act denies disabled individuals equal opportunities and non-discriminatory treatment.
The plea calls for immediate judicial intervention to ensure comprehensive enforcement of the RPWD Act's mandates.
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