State Commissioners have a vital role to safe
- rights
- fundamental freedoms of disable,
but in many States, their statutory role has fallen short of expectations
IN THIS ARTICLE
- COUNTING OF DPSABLE PEOPLE IN INDIA
- LAWS FOR INDIA
- constitution of State Commissioners for Disabilities at the State level
- इस्टेट कमिशनर में कौन कौन सी कमियां दिखाई दे रही हैं
- In which manner you appoint commissioner
- The State Commissioners have a substantive role including powers to
- BUILD CAPYCITY AND MONITOR PROGRAM
COUNTING OF DPSABLE PEOPLE IN INDIA
2011 national Census
India indicate that persons with disabilities constitute 2.21 % of the total population.
This is a underestimated figure
2019 Brief Disability Model Survey
conducted by the World Health Organization across India, Tajikistan and the Lao People’s Democratic Republic, the prevalence of severe disability among Indian adults is 16%.
LAWS FOR INDIA
Laws by UN
India ratified the United Nations Convention on the Rights of Persons with Disabilities on October 1, 2007
and one of the immediate measures expected out of the state parties to the convention is to ensure alignment of the national disability legislations in line with the principles of the convention.
Rights of Persons with Disabilities Act 2016 (RPWD Act)
that came into force on April 19, 2017 to replace the earlier Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995,
which fell short of promoting a social and a human rights model of disability rights.
The role of the State Commissioner
constitution of State Commissioners for Disabilities at the State level
क़ानून में किस प्रकार प्रावधान किया गया ?
One of the unique points of the RPWD Act in comparison to many disability legislations of the developing countries , with a combination of review, monitoring, and quasi-judicial functions to ensure effective implementation of the disability law.
कितनी पावर दी गई है कमिशनर को ?
According to Section 82 of the RPWD Act, the State Commissioners, have the same powers of a civil court under the Civil Procedure Code 1908 .
every proceeding before the State Commissioner shall be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860).
इस्टेट कमिशनर में कौन कौन सी कमियां दिखाई दे रही हैं
quasi-judicial powers to the State Commissioners
Despite the legislation providing far-reaching quasi-judicial powers to the State Commissioners in safeguarding the rights and fundamental freedoms of persons with disabilities,
आशा के विपरीत काम
State Commissioners in many States have fallen short of the expectations of citizens with disabilities.
State government is not tight
1 This dismal functioning of the office of the State Commissioners is largely due to the lax attitude of the State governments
2 example :
This reality has been aptly highlighted in the writ petition WPC 29329/2021, Seema Girija Lal vs. Union of India, in which the delay in appointment of the state Commissioners has also been highlighted.
In which manner you appoint commissioner
1 The RPWD Rules provide an opportunity for persons with have experience in
- law,
- human rights,
- education,
- social work
- rehabilitation
- with a non-governmental organisation background to be appointed to the position of State Commissioner.
2 But the reality is
In reality, a majority of the commissioners, either independent or holding additional charge, are civil servants from the nodal ministry.
According to the latest report (2021-22) of the Chief Commissioner for Persons with Disabilities, only eight States have appointed commissioners who are not part of the mainstream civil service.
It will create conflict with the purpose of having an impartial and independent office that can exercise oversight over the executive and hold them accountable for not implementing the provisions of the disability law.
3 Some have done better in appointment
Some of the progressive States in terms of disability inclusion have appointed representatives of civil society organisations as State Commissioners
State governments should consider appointing qualified women with disabilities as commissioners
as they will be in a better position to address intersectional forms of discrimination that women and girls with disabilities in India currently experience.
The State Commissioners have a substantive role including powers to
intervene suo motu
to identify and inquire about any specific policy, provision, programme and laws that contravene the provisions of the RPWD Act and recommend appropriate corrective measures.
There are many contraventions of the RPWD Act which , State Commissioners have not been able to intervene suo motu to address discriminatory policies and practices.
The example of Karnataka
build the capacity
It is vital for State governments and the office of the Chief Commissioner for Disabilities to build the capacity of the State Commissioners in performing their quasi-judicial role and in functioning as a civil court.
Learn from karnatka
As done by the State Commissioner’s office in Karnataka, collaborating with law schools and legal experts in strengthening their respective capacities could be a viable option.
भरोसा पैदा करना
While some States such as Karnataka and Delhi have been able to infuse confidence among persons with disabilities to register complaints with regard to a deprivation of their rights.
it is equally important for State Commissioners to look into complaints and dispose of them expeditiously.
What should be in website ??
The websites of the office of the State Commissioners should — on the dashboard —
- indicate the number of cases received,
- disposed case
- pending for action
- annual reports
- and special reports submitted to the government on implementation of the law by the government with concrete recommendations.
Mobile adalats (mobile courts)
as practised years ago by the Karnataka Commissioner’s office, could be a good practice for other States .
Adalats were organised in the State with prior notice to persons with disabilities through the nodal disability office in the districts for aggrieved individuals or institutions to get their grievance redress.
Often, these grievances would be resolved on the spot for persons with disabilities and their families.
local governance disability inclusive
Designating District Magistrates as Deputy Commissioners for persons with disabilities — as done in the case of Karnataka — is a promising way to make local governance disability inclusive.
Monitoring of programs
The RPWD Act enables State Commissioners to monitor the implementation of various pieces of
- legislation,
- programmes
- schemes that impact persons with disabilities.
undertaken by the Karnataka State Commissioner’s office could be one of the preferred practices for State Commissioners.
The DDMR has become an inclusive governance tool for the State Commissioner in Karnataka to have sight of
- how development and welfare programmes and policies have been implemented by the relevant departments at the district level,
- to what extent the quotas earmarked for persons with disabilities have been fulfilled.
Research as a function
Promote research
One of the key functions of the State Commissioners is to undertake and promote research in the field of disability rights.
Work with UN
This opens up opportunities for the State Commissioners to collaborate with United Nations entities which have a mandate to promote says for :
- disability inclusive social protection,
- disability inclusive care economy and
- the impact of climate change on persons with disabilities.
source the hindu
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