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SC criticise Poor Implementation of RPWD Act Across India

SC criticise Poor Implementation of RPWD Act Across India

Despite more than five years since its enactment, the Supreme Court expressed disappointment on Monday over the inadequate implementation of the Right of Persons with Disabilities Act, 2016 (RPWD Act) throughout India.

Chief Justice of India DY Chandrachud and Justice JB Pardiwala, presiding over the bench, noted that numerous states have failed to formulate rules under the Act, despite the requirement to do so within six months of its enforcement.

"Many States have not even framed rules under the Act, which had to be done within six months ... We are of the view that status of implementation of the Act needs to be set right. The Department of Rights of Persons with Disabilities (RPWD) will take up the case with all counterparts and report for compliance before this Court," the Court said.

Today, the Court also highlighted that it has previously issued numerous orders urging the effective enforcement of the Act. The Court was addressing a public interest litigation (PIL) that advocated for the establishment of district-level committees to ensure the implementation of the Rights of Persons with Disabilities Act, 2016.

Last year, the Court had requested a response from the Union Ministry of Social Justice and Empowerment regarding this matter.

During today's hearing, the top court observed that several States and Union territories are still lagging behind in meeting their obligations under the Right of Persons with Disabilities Act.

The Court made critical observations concerning the following deficiencies:

The States of Andhra Pradesh, Chhattisgarh, Jharkhand, Punjab, Uttar Pradesh, and the Union Territories of Andaman and Nicobar Islands have failed to appoint Commissioners as mandated by the Act.

The governments of Gujarat, Himachal Pradesh, Kerala, Mizoram, West Bengal, Delhi, Daman and Diu, Jammu and Kashmir, and Ladakh have yet to establish funds as required under Section 88 of the Act.

The Court has urged for immediate steps to address these issues. The next hearing on the matter is scheduled for the second week of July.

 

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