Status as of May 11, 2023 as per an affidavit filed by the Union Government through the Joint Secretary in the Department of Empowerment of Persons with Disabilities in the Ministry of Social Justice and Empowerment in the Supreme Court
Among states/UTs with most compliance
Morung Express News
Dimapur | July 18
The State of Nagaland, though a forerunner among States and Union Territories, is yet to comply with five provisions under the Rights of Persons with Disabilities (RPwD) Act, 2016, informed affidavit submitted by the Union Government in the Supreme Court.
The Union Government, through the Joint Secretary in the Department of Empowerment of PwDs in the Ministry of Social Justice and Empowerment, had filed the status RPwD Act, 2016 in the States/Union Territories as on May 11, 2023.
As per the status report, out of 13 provisions under the relevant sections of the RPwD Act for compliance, Nagaland is yet to comply in five including appointment of Public Prosecutor as per Section 85 of the Act along with 16 other States/UTs.
It further informed that the State is yet to appoint Nodal Officer in District Education office as provided by Sections 16, 17 and 31 of the Act. Eight others States and UTs were also yet to ensure compliance with the sections.
Nagaland along with 16 other States/UTs were also have not created State fund for PwDs as per Section 88 of the RPwD Act, 2016.
Nineteen States/UTs including Nagaland have also not constituted Committee for Research on Disability as per Section 6 (2) (ii) of the Act.
Again, a total of eight States/UTs had failed to appoint designated authority to provide limited guardianship as per Section 14 of the RPwD Act, the status report added. Nagaland was one of them.
Only 11 States/UTs also had separate departments for PwDs, and Nagaland was not included in it, the status report informed.
Meanwhile, commenting on the status report, the three- judge Bench of the Supreme Court led by Chief Justice of India, DY Chandrachud on July 17 observed that “status of implementation of the legislation indicates a dismal position across the country.”
Accordingly, the Division Bench, also comprising of justices PS Narasimha and Manoj Misra, directed the State Governments to ensure compliance with the provisions of the Act so as to expeditiously rectify the deficiencies noted in the affidavit filed by the Union Government expeditiously on or before September 30, 2023.
As the Commissioners are entrusted with an important statutory function of overseeing the implementation of the provisions of the Act, the States/UTs shall ensure appointment of the Commissioners by August 31, 2023, it added.
It must be noted here that Nagaland complies with the appointment of Independent Commissioner for PwDs as per Section 79 of the RPwD Act, 2016 and currently the State Commissioner for PwDs is Diethono Nakhro.
Meanwhile, the apex court further noted that as both the Central and State Commissioners are statutorily entrusted with the duty to ensure the implementation of the provisions of the Act 6 under Sections 75(1) (h) and 80(g), they shall be accountable to ensure due compliance of the Court’s order.
All State/UTs Governments shall upload the relevant data pertaining to the status of compliance on the dashboard of the Union Ministry of Social Justice and Empowerment and the latter shall coordinate with the through the respective Ministries and submit a status report to this Court by September 15, it added.
The Bench, hearing a petition about the enforcement of the rights of PwDs by implementing the Act 2016, listed the matter for further hearing on September 18.
