NEW DELHI: The Supreme Court, on Monday, issued a notice on a PIL filed to ensure the effective implementation of the Rights of Persons with Disabilities Act, 2016.
Chief Justice DY Chandrachud-headed bench comprising Justices JB Pardiwala and Manoj Misra has ordered the return of the notice in three weeks. This is scheduled for November 25, 2024.
Advocate Mohammed Sadique T. A., in his plea, also prayed for the Union and all state governments to effectively initiate steps to make aware of the rights of persons with disabilities as envisaged in the RPwd Act, 2016 among all governmental officials, especially civil service officers.
The plea further referred to several reports suggesting that the provisions of the Rights of Persons with Disabilities (RPwD) Act are not being properly applied. It stated that an Annual Report for 2021-2022 presented by the Office of the Commissioner for Persons with Disabilities revealed that most states have either failed to apply the law effectively or have utterly failed to apply it; many states have not presented their required reports.
The petition was of the view that under the act, many states have not established their rules and that about half the states and Union Territories haven't even set up a state advisory board.
The PIL stated that a non-implemented RPwD Act has been in conflict with fundamental rights given under Articles 14, 15, 19, and 21 of the Indian Constitution. The act, therefore, cannot provide disabled individuals with sufficient enforcement, specifically in respect of reservations, hence violating the rights of persons with disabilities, who may not have equal opportunities for living life in dignity free from discrimination.
Petitioner Sanjay Jain, a blind since birth is a law professor at Bangalore's National Law School of India University and an activist for disability rights.
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