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Sunanda Bhandare Foundation v. Union Of India And Another
Factual and Procedural Background
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 came into force on 7-2-1996. The petitioner, a charitable foundation, alleged non-implementation of the Act, particularly that disabled persons were not being appointed against the reservations under the Act and that reservable vacancies were not being identified in accordance with the Act and the Rules. The court considered the statutory implementation mechanism in Chapter XII of the Act, including appointment of a Chief Commissioner (Section 57) and State Commissioners (Section 60), and proceeded to issue directions and procedural orders.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court outlined the enforcement architecture under Chapter XII of the Act. It noted that Section 57 contemplates appointment of a Chief Commissioner by the Central Government to coordinate with State Commissioners, monitor utilisation of Central funds, safeguard rights and facilities for persons with disabilities, and inquire into complaints of deprivation of rights. It further described that under Section 60, State Governments may appoint Commissioners with analogous coordinating, monitoring, and rights-safeguarding responsibilities, including reporting implementation status to the State Government and forwarding a copy to the Chief Commissioner.
On being informed that many State Governments had not appointed Commissioners as required under Section 60, the court issued a time-bound direction to ensure appointments and facilitated joinder of the relevant statutory authorities as parties, coupled with notice and administrative communication to enable compliance and further hearing.
Holding and Implications
DIRECTIONS ISSUED / NOTICE ORDERED
- If any State Government has not appointed a Commissioner under Section 60 of the Act, it must do so at the earliest and in any event within two months.
- The petitioner was permitted to take steps to implead all appointed/to-be-appointed Commissioners and the Chief Commissioner as respondents.
- Notice was directed to the impleaded respondents; a copy of the order was to be sent to the Chief Secretary of each State/Union Territory; and the matter was directed to be listed after eight weeks.
The direct effect is to compel administrative compliance with the Act’s implementation mechanism (appointment of State Commissioners) within a fixed timeframe and to bring the relevant authorities before the court for further proceedings. The order does not indicate that any new legal precedent was set.
Order
1. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as “the Act”) came into force on 7-2-1996 vide S.O 107(E) dated 7-2-1996. The petitioner in these cases, a charitable foundation, alleges that the provisions of this benevolent legislation are not being implemented and the disabled persons are not appointed on the basis of the reservation provided under the Act. The petitioner also alleges that the vacancies which could be filled up by reservation are not being identified in accordance with the provisions of the Act and the Rules framed thereunder.
2. In Chapter XII of the Act, a mechanism has been provided for the implementation of the Act. Section 57 states that the Central Government may, by notification, appoint a Chief Commissioner for persons with disabilities for the purposes of this Act. The Chief Commissioner so appointed, has to coordinate with the work of the Commissioners as appointed by the various State Governments and monitor the utilisation of funds as disbursed by the Central Government. He has also to take steps to safeguard the rights and facilities made available to the persons with disabilities and look into the complaints with respect to the deprivation of rights of persons with disabilities.
3. Under Section 60 of the Act, every State Government may, by notification, appoint a Commissioner for persons with disabilities for the purposes of this Act. The Commissioner, so appointed by the State Government, is also vested with the power to coordinate with the various departments of the State Government for the programmes and schemes for the benefit of persons with disabilities. He has to monitor the utilisation of the funds disbursed by the State Government and to take steps to safeguard the rights and facilities made available to the disabled persons. The Commissioner is also expected to file a report to the State Government on the implementation of the Act at such intervals as that Government may prescribe and forward a copy thereof to the Chief Commissioner.
4. We are told that many of the State Governments have not appointed the Commissioners as provided under Section 60 of the Act. If any of the State Governments have not appointed any Commissioner as provided under Section 60 of the Act, the same shall be done at the earliest and at least within a period of two months. The petitioner is permitted to take steps to implead all the Commissioners and the Chief Commissioner appointed/so appointed as the respondents.
5. Issue notice to the impleaded respondents. A copy of this order be sent to the Chief Secretary of each State/Union Territory. List after eight weeks.
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