In a significant development, the Supreme Court of India has issued a directive to non-compliant states and Union Territories (UTs) to file affidavits by February 2025, outlining the steps taken to adhere to the provisions of the Rights of Persons with Disabilities Act, 2016. The Court’s order aims to ensure that all states and UTs implement the Act’s provisions in full.
The order follows a petition filed by the Justice Sunanda Bhandare Foundation, a charitable organization, highlighting the non-compliance of certain states and UTs with the provisions of the Act. The Court considered a chart submitted by Advocate Manali Singhal, representing the petitioner, which indicated the varying degrees of compliance across different states and UTs. Notably, states such as Andaman & Nicobar Islands, Andhra Pradesh, Bihar, Karnataka, Lakshadweep, Odisha, Puducherry, Tamil Nadu, Uttar Pradesh, and Uttarakhand have been reported as having fully complied with the Act’s provisions.
However, several states and UTs remain non-compliant. In response, the respective counsels (except for Himachal Pradesh, Chandigarh, and Jammu & Kashmir) assured the Court that necessary steps would be taken to ensure full compliance with the Act’s provisions. The Court further instructed the Chief Secretary of each state and UT to designate a senior officer responsible for overseeing the implementation of the provisions of the Act.
The petition, filed in 1998, originally sought the implementation of the Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995, which was later replaced by the Rights of Persons with Disabilities Act, 2016. The petitioners have consistently sought the reservation of 1% of identified teaching posts in universities for persons with disabilities, as outlined in Section 33 of the 1995 Act. They have also argued that the denial of appointments to visually disabled persons in faculty positions at universities violates their fundamental rights under Articles 14, 15, and 41 of the Indian Constitution.
The Supreme Court had previously addressed the need for strict implementation of the 1995 Act in 2014 and issued directions to the Central Government, state governments, and Union Territories to comply with its provisions. Despite these earlier directives, some states have failed to comply, leading to the current petition. In March 2020, the Court directed all states to file their compliance affidavits, and though some states complied, others failed to do so. In January 2024, the Court gave these non-compliant states and UTs a further eight weeks to take corrective action.
The latest order from the Supreme Court continues the Court’s efforts to ensure that persons with disabilities are granted equal opportunities in education and employment, in line with the constitutional guarantees of equality and non-discrimination. The Court’s attention to the specific issue of reservation in university teaching positions for persons with disabilities underscores its commitment to enforcing the legal rights of disabled individuals.
This ruling reflects the Court’s sustained commitment to enforcing the rights of persons with disabilities and ensuring their full participation in societal activities, including education and employment.
Case Title: Justice Sunanda Bhandare Foundation v. Union of India, W.P.(C) No. 116/1998.
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