In a significant development concerning the implementation of the Rights of Persons with Disabilities Act, 2016, the Supreme Court, in response to a writ petition filed by Justice Sunanda Bhandare Foundation, has directed several States and Union Territories (UTs) to file compliance affidavits within eight weeks. The matter was brought before the Bench of Justices Hrishikesh Roy and Prashant Kumar Mishra, highlighting the urgency of enforcing the provisions of the Act.

The petition, filed by Justice Sunanda Bhandare Foundation, sought various reliefs, including the implementation of the then Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Additionally, the petition requested a directive for reserving 1% of identified teaching posts in universities, as per Section 33 of the 1995 Act, and a declaration that the denial of appointments to visually disabled individuals in educational institutions violates their fundamental rights under Articles 14 and 15, read with Article 41 of the Constitution of India.

In 2014, a Supreme Court bench comprising Justices R.M. Lodha, Sudhansu Jyoti Mukhopadhaya, and Dipak Misra emphasized the immediate and effective implementation of the 1995 Act. The Court stated that the beneficial provisions of the Act should not exist merely on paper, urging the Union, States, Union Territories, and all concerned parties to proactively implement the law.

The recent directive from the Supreme Court instructs States and Union Territories, including Andaman and Nicobar Islands, Bihar, Gujarat, Maharashtra, Tamil Nadu, and others, to file compliance affidavits within eight weeks. The States and UTs in question had failed to submit the required documents despite an earlier directive on March 6, 2020.

Underscoring the significance of implementing the disability rights legislation, the Supreme Court reiterated that the provisions of the 1995 Act should not be allowed to remain dormant. The Court urged governments at the central, state, and union territory levels to take a proactive role in ensuring the effective implementation of the Act.

Case: Justice Sunanda Bhandare Foundation vs. U.O.I. and Ors,

Writ Petition(s)(Civil) No(s). 116/1998.

Click to read/download order.