Supreme Court expressed disappointment at inadequate implementation of Rights of Persons with Disabilities (RPwD) Act 2016 across states | Current Affairs | Vision IAS
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    Supreme Court expressed disappointment at inadequate implementation of Rights of Persons with Disabilities (RPwD) Act 2016 across states

    Posted 24 Apr 2024

    2 min read

    • Issues highlighted in implementation of RPwD Act across states:
      • Non-appointment of State Commissioner for PwDs under Section 79.
        • State Commissioner acts as regulatory body and monitors fund disbursal and implementation of the act. 
      • Non-creation of State Fund for PwDs under Section 88 to provide financial support for PwDs.
      • Non-constitution of Special Courts & non-appointment of Special Public Prosecutors for speedy trials.
      • Not having assessment boards for disability certificates and providing high support for persons with benchmark disabilities.
      • Non-constitution of an Authority for providing limited guardianship (system of joint decision operating on mutual understanding and trust between guardian and PwD).

     

    • About RPwD Act 2016 
      • Act was enacted to give effect to the United Nations Convention on the Rights of Persons with Disabilities.
      • Administered by Ministry of Social Justice & Empowerment (MoSJ&E).
      • Salient Features:
        • Act covers 21 disabilities includingphysical and intellectual disabilities, mental illness, blood disorders, neurological conditions etc.
        • Right to free education for child (6 to 18 years) with benchmark disability.
        • 5% reservation in Government and Government aided higher educational institutions and 4% reservation in Government jobs.
        • Penalties for offences committed against PwDs.

     

    Way Forward

    • All states should fulfil their obligations under RPwD act at the earliest including appointing state commissioners, creation of state funds etc.
    • State governments should frame appropriate rules for functioning of authorities under RPwD act. 
    • MoSJ&E should establish robust monitoring and evaluation mechanisms ensuring better compliance and implementation of the Act.
    • Tags :
    • Social Justice
    • Fundamental Rights
    • Persons with Disabilities
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