Yesterday, the Supreme Court of India has directes all the State governments to appoint Chief Commissioners for persons with disabilities by August 31, 2023.

Further, the bench has also directed to comply with the provisions of the Right of Persons with Disabilities Act 2016 before September 30.

In the said matter, the Court was hearing a plea, seeking the enforcement of rights of persons with disabilities by implementing the RPwD Act.

The petitioner , member of a group called “Together We Can” which is forum for parents, professionals, and other stakeholders working for rights of children with disabilities.

During the last hearing, the court directed the Ministry of Social Justice and Empowerment to file a counter affidavit indicating the state wise implementation of the RPwD Act. 

"Union of India shall convene a meeting with all concerned states and state advisory boards with a view to eliciting the present status of compliance."

"The status of implementation of the legislation indicates a dismal position across the country. From the statement, it appears that rules under Section 101 of the RPwD Act 2016 have not been notified by States of Chattisgarh, Maharashtra, and the Union Territory of Ladakh. The Chief Commissioners are to monitor the implementation of the Act. Independent commissioners under Section 79 have not been appointed by States and UTs. We direct the state governments to comply with the provisions of the Act expeditiously before September 30, 2023. Chief Commissioners are to be appointed by August 31, 2023. The Ministry of Social Justice and Empowerment shall coordinate with all State ministries and submit a status report." CJI DY Chandrachud said.

The petition also submits that Section 72 of the act which envisaged a District level Committee for each State for the purpose of ensuring that the needs of persons with disabilities are met was yet to be fully implemented.

The next date for the hearing is September 18, 2023.

Advocate K. Parameshwar, counsel appeared for the petitioner.

Case Title: Seema Girija And Anr. v. UoI And Ors. Diary No. 29329/2021