Copyright infringement not intended

Picture Courtesy: https://www.thehindu.com/opinion/lead/citizens-with-disabilities-making-their-rights-real/article68939410.ece#:~:text=According%20to%20Section%2082%20of,be%20a%20judicial%20proceeding%20within 

Context:

State Commissioners play an important role in protecting the rights and fundamental freedoms of people with disabilities, but in many states, their statutory role has fallen short of expectations.

Details

According to the 2011 Census, people with disabilities account for 2.21% of the population. However, the 2019 World Health Organization (WHO) Disability Survey shows that the overall rate of severe disability among Indian adults is 16%.

Steps taken by India to address the challenges faced by Persons with Disabilities (PWD)

India ratified the United Nations Convention on the Rights of Persons with Disabilities in 2007, and one of the primary steps expected of state parties to the convention is to ensure that national disability legislation aligns with the convention's principles.

Parliament passed the Rights of Persons with Disabilities Act 2016 (RPWD Act) to replace the previous Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995 to promote the social and human rights model of disability rights.

State Commissioners for Disabilities

According to the RPWD Act, State Commissioners for Disabilities have quasi-judicial powers to ensure effective implementation of the disability laws. and schemes.

Function and Power

They play an important role in managing the implementation of disability-related legislation, schemes, and programs. 

They are responsible for ensuring that relevant departments comply with their obligations to people with disabilities, such as meeting quotas and enforcing disability-inclusive policies.

They have the same powers as a civil court under the Civil Procedure Code of 1908, including the ability to intervene suo motu to address policies or practices that violate the RPWD Act.

Concern about the functioning  

The unsatisfactory functioning is largely due to State governments' lax attitude toward reviving the office of State Commissioners and ensuring that it performs its statutory functions. 

Appointment delays and the use of civil servants from the nodal ministry rather than independent commissioners have contributed to the problem. 

A lack of adequate support and training for commissioners to carry out their quasi-judicial duties effectively.

Karnataka Model

Karnataka successfully appointed independent civil society representatives as commissioners and worked with law schools and legal experts to improve the commissioners' capabilities. Practices such as mobile adalats (mobile courts) have helped reach remote areas and resolve grievances quickly.

The District Disability Management Review (DDMR) is a tool used by the Karnataka State Commissioner's office to evaluate how development and welfare programs for people with disabilities are implemented in districts. 

Way Forward

State Commissioners' capacity can be increased by working with law schools and legal experts to improve their legal and quasi-judicial skills. Mobile adalats, which are currently in use in Karnataka, can also be used to improve access to justice for people with disabilities living in remote areas.

Must Read Articles: 

RIGHTS OF PERSONS WITH DISABILITIES (AMENDMENT) RULES 2024

RIGHTS OF PERSONS WITH DISABILITIES ACT 2016

INDIA'S DISABILITY LAW

Source: 

The Hindu