SC expresses displeasure over "dismal" implementation of Rights of Persons with Disabilities Act

SC expresses displeasure over "dismal" implementation of Rights of Persons with Disabilities Act

New Delhi | The implementation of the Rights of Persons with Disabilities Act, 2016 is still at a "dismal stage", the Supreme Court said on Monday while expressing displeasure over the failure of some states in framing the requisite rules.

A bench of Chief Justice D Y Chandrachud and Justice J B Pardiwala was hearing a plea seeking constitution of district-level committees to enforce the Act.

"Despite the lapse....the implementation of the Act is still at a dismal stage. Many states have not framed even the rules under the Act," the bench said.

While noting that relevant rules had to be framed within six months of the enactment of the law, it said several states have not even appointed commissioners as mandated under the Act.

"We are of the view that state of the implementation of the Act needs to be set right now," it said and posted the matter for resumed hearing in the second week of July.

As per section 101 of the Act, "The state government may, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this Act, not later than six months from the date of commencement of this Act".

According to the Act, the rule-making powers of the state include the formation of a committee for research on disability, the composition of district-level committees and prescribing salaries, allowances and other conditions of services of the state commissioner and creating funds for persons with disabilities.

On Monday, the apex court observed it had passed several orders calling for proper implementation of the Act but several states and Union Territories were yet to fulfil their obligations.

The bench said states and UTs like Andhra Pradesh, Chhattisgarh, Jharkhand, Punjab and Uttar Pradesh have not appointed the state commissioners, while Gujarat, Himachal Pradesh, Kerala, Mizoram, West Bengal, Delhi, Daman and Diu, Jammu and Kashmir, and Ladakh have not yet constituted the prescribed funds.

It noted while special courts for speedy trial of cases involving persons with disabilities have not been set up in Arunachal Pradesh and West Bengal, public prosecutors have not been appointed in these courts in Chhattisgarh and Daman and Diu.

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