Source– This post “Important Judgments by Chief Commissioner of Persons with Disabilities” is based on the article “Important Judgments by Chief Commissioner of Persons with Disabilities to promote accessibility and rights of differently abled individuals” published in “PIB” on 9th November 2023.
Why in the News?
The Court of Chief Commissioner of Persons with Disabilities delivered two landmark judgments on rights of Divyangjan (persons with disabilities) in India.
Who is Chief Commissioner of Persons with Disabilities?
| What is it? | Section 74 of Rights of Persons with Disabilities Act, 2016 provides for appointment of a Chief Commissioner for Persons with Disabilities. |
| Controlling Authority | Department of Empowerment of Persons with Disabilities under the Ministry of Social Justice and Empowerment. |
| Mandate | The office has been mandated to take steps to safeguard the rights of persons with disabilities. |
| Composition | One Chief Commissioner and two Commissioners to assist the Chief Commissioner at the Centre. |
| Some Important Functions | 1. Identify, suo motu or otherwise, the provisions of any law or policy, programme and procedures, which are inconsistent with this Act and recommend necessary corrective steps. 2. Inquire, suo motu or otherwise, deprivation of rights of persons with disabilities and safeguards available to them. |
What is the Rights of Persons with Disabilities Act 2016?
| Origin | 1. The new Act replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. |
| International obligation | It fulfils India’s obligations to the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory. |
| Some important Salient Features | 1. 21 types of disabilities covered under this act. 2. Rights and entitlements- -Benefits such as reservation in higher education (not less than 5%), government jobs (not less than 4%), reservation in allocation of land, poverty alleviation schemes (5% allotment) etc. -Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education. 3. Establishment of Authorities- Office of Chief Commissioner of Persons with Disabilities, who will be assisted by 2 Commissioners and an Advisory Committee comprising of not more than 11 members who have expertise in various disabilities. 4. Penalties- Any person who violates provisions of the Act shall be punishable with imprisonment up to six months and/ or a fine of Rs 10,000, or both. |
What are the recent Judgments?
1. Equitable access of offices to Divyangjans– The Court of Chief Commissioner of Persons with Disabilities mandated that any government office in the country that are not accessible to Divyangjan, must relocate their services to the ground floor or another accessible location for Divyangjans.
2. Air travel access-The Court of Chief Commissioner of Persons with Disabilities emphasized that all airlines are responsible for implementing the provisions of the Rights of Persons with Disabilities Act 2016.
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