Supreme Court issues notice on PIL for proper implementation of Rights of Persons with Disabilities Act

The Supreme Court on Monday issued notice to the Central government on a public interest litigation (PIL) seeking comprehensive and effective implementation of the Rights of Persons with Disabilities Act, 2016 (RPWD Act). [Dr Sanjay Jain v Union of India and Ors.]

A Bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra issued notice on the plea.

The plea has been filed by Dr. Sanjay Jain, Professor of Law at the National Law School of India University (NLSIU) Bangalore and noted disability rights activist.

Blind since birth, Dr. Jain sought directions to the Central government to ensure adherence to the Act's provisions and enhance awareness among civil service officers regarding disability rights and the nuanced understanding of disability.

The RPWD Act, which replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, came into force on April 19, 2017, but Dr. Jain’s petition highlighted significant shortcomings in its execution.

He referred to multiple reports including a 2018 joint report by the Disability Rights Foundation and other organisations, which revealed that many states had yet to notify rules or establish advisory boards.

The 2021-2022 annual report by the Office of the Commissioner for Persons with Disabilities echoed similar concerns, showing a lack of progress in many States.

Dr. Jain contended that the inadequate implementation of the RPWD Act contravenes Articles 14, 15, 19, and 21 of the Constitution, depriving persons with disabilities of fundamental rights and dignity.

He emphasised the need to dismantle ableist attitudes and adopt a policy that reflects the social model of disability - as advocated by scholar Tom Shakespeare - distinguishing it from the medical model.

The petition also pointed out that the failure to apply reservation and other measures under the Act denies disabled individuals equal opportunities and non-discriminatory treatment.

In light of these findings, Dr. Jain's plea called for immediate judicial intervention to enforce the RPWD Act’s mandates comprehensively.

The plea was drawn and settled by advocate Thulasi K Raj and filed through advocate Mohammed Sadique TA.