The Supreme Court of India has directed the states and Union Territories to ensure compliance with the provisions of the Rights of Persons with Disabilities Act, 2016 (“PWD Act”) by September 30, 2016. Regarding the implementation until now, the SC called it “dismal” and hence the need for improvement.
The PWD Act was brought in to ensure the right to equality and non-discrimination for persons with disabilities, as well as to provide a quota in employment and other welfare programs. While there was a lot of promise, the apex court expressed concerns with the remark “dismal position across the country.” The petition was related to the enforcement of the rights of persons with disabilities, and the bench directed the states and UTs to appoint chief commissioners to monitor the implementation of the PWD Act. Under section 74 of the PWD Act, there is a provision for the appointment of chief commissioner and commissioners. From section 75-78, the powers and functions of chief commissioners have been listed. In a nutshell, they have to ensure that the differently-abled persons are not deprived of their rights, and that the safeguards in theory are implemented at ground level. The SC had fixed the deadline for appointments as August 31.
Earlier, the court had directed the Union Ministry of Social Justice and Empowerment to file a status report about the implementation of the Act across the country, after coordinating with all the state governments and ministries concerned.
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