New Delhi: The Supreme Court directed all States and Union Territories that have not yet appointed State Commissioners for Persons with Disabilities to complete the appointments within four weeks. The Court warned that any delay or failure to follow the order would be viewed seriously. The directions aim to strengthen the implementation of the Rights of Persons with Disabilities (RPWD) Act, 2016 and improve protection of disability rights across India.
Disability Commissioners Appointment: Why Did The Supreme Court Issue This Order
A Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan was hearing a batch of petitions led by Rajive Raturi v. Union of India. During the hearing, it was pointed out that several States and Union Territories had still not appointed State Commissioners as required under Section 79 of the RPWD Act, 2016.
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The Court directed every concerned State and Union Territory to make the appointments within four weeks and said the Commissioners must hold the office with independent charge instead of additional responsibility.
Disability Commissioners Appointment: Which States And Union Territories Were Mentioned
According to submissions before the Court, States and Union Territories that were yet to appoint Commissioners included:
- Delhi
- Haryana
- Rajasthan
- Himachal Pradesh
- Karnataka
- Andaman and Nicobar Islands
- Nagaland
- Puducherry
- Sikkim
- Tamil Nadu
The Court directed these governments to comply with the legal requirement without delay.
Supreme Court’s Strong Warning
The Bench made it clear that the order must be followed strictly. The Court observed that any laxity in implementing the directions would be viewed very seriously, showing the importance of protecting the rights of persons with disabilities.
Directions Issued To The Central Government
The petitioner’s counsel informed the Court that the post of Chief Commissioner for Persons with Disabilities at the Centre was not being held by a full-time independent officer. The Supreme Court directed the Union Government to appoint the Chief Commissioner and two Additional Commissioners within four weeks, as required under Section 74 of the RPWD Act, 2016.
Court Seeks Stronger Accessibility Rules
The Court also reviewed the progress of accessibility rules covering:
- Built Environment
- Information And Communication Technology (ICT)
- Assistive Technology
The Bench asked the Union Government to carefully examine suggestions from experts and petitioners before finalising the rules so that they are practical, complete and effective.
Disability Commissioners Appointment: Court Raises Concern Over Fine Recovery Mechanism
The petitioner also pointed out that while Section 89 of the RPWD Act provides punishment for violations, there is no proper mechanism to recover fines. The Supreme Court asked the Centre to examine this issue while finalising the rules and create an effective system for recovering penalties wherever required.
Rule-Making Process Must Finish Within Six Months
Apart from appointments, the Court directed that the entire rule-making exercise under the RPWD Act should be completed within six months to ensure better implementation of disability rights across the country.
Why Disability Commissioners Appointment Order Is Important
The offices of the Chief Commissioner and State Commissioners play a key role in monitoring the implementation of disability laws, addressing complaints and protecting the rights of persons with disabilities.
The Supreme Court’s latest directions are expected to improve accountability, strengthen accessibility standards and ensure better enforcement of the Rights of Persons with Disabilities Act, 2016 across India.
