The role and challenges of State Commissioners under the RPWD Act 2016.

Source: The post the role and challenges of State Commissioners under the RPWD Act 2016 has been created, based on the article “Citizens with disabilities, making their rights real” published in “The Hindu” on 3rd December 2024

UPSC Syllabus Topic: GS Paper2-Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context: The article highlights the role and challenges of State Commissioners under the RPWD Act 2016. It discusses issues like delayed appointments, lack of independence, ineffective functioning, and suggests best practices, such as Karnataka’s initiatives, for better disability rights implementation. The role and challenges of State Commissioners under the RPWD Act 2016.

What is the status of disability in India?

1. According to the 2011 Census, persons with disabilities constitute 2.21% of India’s population, but the 2019 WHO survey reported severe disability among 16% of Indian adults, indicating underreporting.
2. India ratified the UN Convention on the Rights of Persons with Disabilities in 2007 and enacted the RPWD Act, 2016. It aligns national legislation with the UN Convention principles.
3. The Act promotes a rights-based approach and creates the position of State Commissioners for Disabilities.

What are the role and challenges of State Commissioners under the RPWD Act 2016?

1. Role of State Commissioners under the RPWD Act, 2016
2. Monitoring and Review: Oversee the implementation of the RPWD Act across states and ensure compliance with its provisions.
3. Quasi-Judicial Powers: Act like civil courts under Section 82, with powers to investigate violations of the law.
4. Policy Intervention: Address policies, programs, and actions that violate disability rights and recommend corrective measures.
5. Promoting Research: Undertake studies on disability-inclusive policies and practices, like social protection and climate change impacts.
6. Community Engagement: Interact with persons with disabilities and organizations to address concerns and ensure inclusivity.
7. Challenges Faced
8. Delayed Appointments: Highlighted in Seema Girija Lal v. Union of India (2021).
9. Lack of Independence: Majority of Commissioners are civil servants, with only 8 states appointing non-civil service experts.
10. Poor Functioning: Many fail to resolve complaints or address discriminatory practices, eroding public trust.
11. Missed Opportunities: Few states like Karnataka and Delhi ensure proactive engagement through mobile adalats and district reviews.

What are the best practices for effective functioning?

1. Some states like Karnataka have taken positive steps by working with law schools and legal experts to strengthen the capacities of State Commissioners.
2. They also organize mobile courts to address grievances of disabled individuals in remote areas directly and quickly.
3. Additionally, designating District Magistrates as Deputy Commissioners for disabilities has been effective in making local governance more inclusive.
4. Karnataka’s practices, like capacity building through law schools, show how evidence-based approaches enhance governance and grievance redressal.

How Can Research Enhance Disability Rights?

1. State Commissioners are encouraged to conduct and promote research on disability rights.
   2. Collaborating with UN entities to explore areas such as disability-inclusive social protection and the impact of climate change on disabled persons can help develop more inclusive policies and improve the overall rights situation for persons with disabilities in India.

Question for practice:

Discuss the role, challenges, and best practices for State Commissioners under the RPWD Act, 2016, in ensuring disability rights in India.