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.