Making rights real for persons with disabilities
The Rights of Persons with Disabilities Act, 2016 (RPWD Act), passed to align with the UN Convention on the Rights of Persons with Disabilities, aims to enhance disability inclusion in India. However, the State Commissioners for Disabilities, tasked with monitoring and enforcing the law, have faced challenges in fulfilling their role due to delays in appointments, lack of independence, and insufficient capacity. Recent reports highlight the need for improvements in the functioning of these offices.
Challenges in Implementation
- Underutilization of State Commissioners: Many State Commissioners have failed to meet the expectations outlined in the RPWD Act due to insufficient empowerment and laxity by state governments.
- Appointment Issues: Commissioners are often civil servants with limited experience in disability rights, conflicting with the law’s intention to have independent and impartial overseers.
- Delayed Appointments: The delay in appointing Commissioners, as highlighted in a recent writ petition (WPC 29329/2021), has hindered the effective enforcement of the law.
Role and Powers of State Commissioners
- Judicial Powers: Under Section 82 of the RPWD Act, State Commissioners possess civil court powers, enabling them to intervene in cases where laws and policies discriminate against persons with disabilities.
- Suo Motu Intervention: Commissioners are authorized to take action independently to address discriminatory practices and ensure the full implementation of the RPWD Act, yet this provision has not been fully utilized.
- Need for Accountability: Commissioners must engage consistently with persons with disabilities and their organizations to identify violations and take corrective action.
Best Practices and Recommendations
- Karnataka’s Approach: The State of Karnataka has successfully implemented mobile adalats and district-level disability management reviews, promoting disability-inclusive governance and expediting grievance redress.
- Collaboration with Legal Experts: Strengthening the capacity of State Commissioners by partnering with law schools and legal experts is vital for enhancing their effectiveness in their quasi-judicial role.
- Research and Advocacy: Commissioners should focus on research in disability inclusion, collaborating with international bodies to promote inclusive policies and raise awareness on issues like disability-inclusive social protection.
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