Today, the Supreme Court issued a notice regarding a public interest litigation (PIL) that calls for the thorough and effective implementation of the Rights of Persons with Disabilities Act, 2016 (RPWD Act).

A bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra issued a notice concerning the plea.

Case Brief:

The plea has been filed by Dr. Sanjay Jain, a Professor of Law at the National Law School of India University (NLSIU) in Bangalore and a prominent disability rights activist. Blind since birth, Dr. Jain seeks directives from the Central government to ensure compliance with the provisions of the RPWD Act and to enhance awareness among civil service officers about disability rights and the complexities surrounding the concept of disability.

The RPWD Act, which replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, was enacted on April 19, 2017. However, Dr. Jain’s petition underscores significant deficiencies in its implementation. He cites several reports, including a 2018 joint report from the Disability Rights Foundation and other organizations, which indicated that many states had yet to notify rules or establish advisory boards.

Furthermore, the 2021-2022 annual report from the Office of the Commissioner for Persons with Disabilities echoed these concerns, highlighting a lack of progress across numerous states. Dr. Jain argues that the insufficient enforcement of the RPWD Act violates Articles 14, 15, 19, and 21 of the Constitution, thereby depriving persons with disabilities of their fundamental rights and dignity.

He stresses the importance of dismantling ableist attitudes and adopting a policy that aligns with the social model of disability—as advocated by scholar Tom Shakespeare—distinguishing it from the medical model. The petition also notes that the failure to implement reservation and other measures under the Act denies individuals with disabilities equal opportunities and non-discriminatory treatment.

In light of these issues, Dr. Jain's plea calls for immediate judicial intervention to ensure comprehensive enforcement of the RPWD Act's mandates.