The Supreme Court has issued a notice to the Centre in response to a Public Interest Litigation (PIL) regarding the effective functioning of grievance redressal mechanisms under the Rights of Persons with Disabilities (RPwD) Act, 2016. The PIL, filed by advocate Shashank Pandey, seeks directions for implementing recommendations by the Chief Commissioner for Persons with Disabilities and State Commissioners. It also addresses gaps in the composition and functioning of Disability Commissions nationwide.
The RPwD Act designates the Chief Commissioner and State Commissioners as key bodies for safeguarding the rights of persons with disabilities. Allegations suggest that these bodies have faced challenges in their effectiveness due to implementation failures. The petition emphasizes that authorities often do not comply with recommendations from Disability Commissions and fail to provide justifications as required by law.
Structural deficiencies in Disability Commissions have been highlighted, including the lack of basic infrastructure like public-facing websites and online grievance redressal systems. The petition points out that only a few State Commissioners offer online grievance registration, while many State Commissions do not have functional websites. Concerns have been raised over the absence of advisory committees meant to support the Chief Commissioner and State Commissioners as outlined in the RPwD Act.
The plea also raises issues regarding vacancies in the disability rights oversight. It notes the absence of a full-time Chief Commissioner for Persons with Disabilities since 2019, with senior officials holding the position as an additional charge. The petition urges for strengthening enforcement powers and accountability mechanisms under the RPwD Act to ensure comprehensive protection of disability rights nationwide.
