Supreme Court expressed disappointment at inadequate implementation of Rights of Persons with Disabilities (RPwD) Act 2016 across states

Posted 24 Apr 2024

2 min read

Issues highlighted in implementation of RPwD Act across states:
- Non-appointment of State Commissioner for PwDs under Section 79.
  - State Commissioner acts as regulatory body and monitors fund disbursal and implementation of the act.
- Non-creation of State Fund for PwDs under Section 88 to provide financial support for PwDs.
- Non-constitution of Special Courts & non-appointment of Special Public Prosecutors for speedy trials.
- Not having assessment boards for disability certificates and providing high support for persons with benchmark disabilities.
- Non-constitution of an Authority for providing limited guardianship (system of joint decision operating on mutual understanding and trust between guardian and PwD).

About RPwD Act 2016
- Act was enacted to give effect to the United Nations Convention on the Rights of Persons with Disabilities.
- Administered by Ministry of Social Justice & Empowerment (MoSJ&E).
- Salient Features:
  - Act covers 21 disabilities includingphysical and intellectual disabilities, mental illness, blood disorders, neurological conditions etc.
  - Right to free education for child (6 to 18 years) with benchmark disability.
  - 5% reservation in Government and Government aided higher educational institutions and 4% reservation in Government jobs.
  - Penalties for offences committed against PwDs.

All states should fulfil their obligations under RPwD act at the earliest including appointing state commissioners, creation of state funds etc.
State governments should frame appropriate rules for functioning of authorities under RPwD act.
MoSJ&E should establish robust monitoring and evaluation mechanisms ensuring better compliance and implementation of the Act.

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