Supreme Court Directs States Without Commissioners Under Rights Of Persons With Disabilities Act To Make Appointments

The Supreme Court on Wednesday (29.07.2026) directed several States and Union Territories that are yet to appoint State Commissioners for Persons with Disabilities under Section 79 of the Rights of Persons with Disabilities Act, 2016 (RPWD Act) to comply with the mandate within four weeks, warning that any laxity in compliance would be viewed strictly.

A bench of Justice JB Pardiwala and Justice KV Viswanathan was hearing a batch of petitions including, Rajive Raturi v Union of Union, on accessibility for persons with disabilities. Appearing for the petitioner, Advocate Rahul Bajaj pointed out that despite the mandate under Section 79 of the RPWD Act, several States and Union Territories are yet to appoint a State Commissioner for Persons with Disabilities - Delhi, Haryana, Rajasthan, Himachal Pradesh, Karnataka, Andaman and Nicobar Islands, Nagaland, Puducherry, Sikkim, and Tamil Nadu.

The Court directed all the States and Union Territories to ensure that a Commissioner is appointed in accordance with Section 79 of the RPWD Act within four weeks. Pressing on its significance, Justice Pardiwala stated, “This direction shall be strictly complied with and none of the states should exhibit any laxity. Laxity, if any, shall be viewed very strictly.” The Court further directed that the Commissioner so appointed must hold the post with independent charge.

Bajaj also submitted that at present there is no full-time Chief Commissioner for Persons with Disabilities at the Centre, and a Secretary in the Department of Empowerment of Persons with Disabilities holds the post on additional charge - a position he argued contravenes Rule 30(3) of the 2017 Rules, which requires an officer to relinquish other charge on assuming the post.

On this, the Court directed the Union to appoint the Chief Commissioner and two Additional Commissioners, as mandated under Section 74 of the RPWD Act, within four weeks.

The Additional Solicitor General, Aishwarya Bhati, apprised the bench of developments since February 2026 on the framing of accessibility rules across three components - Built Environment, Information and Communication Technology (ICT), and Assistive Technology. As regards the Built Environment, the draft final notification was stated to be ready, to be notified and enforced once approved, Bhati submitted.

Counsel for the petitioners submitted that before the draft rules are finalised and published, their suggestions ought to be considered. Considering the submission, the Court stated, “We urge the Union to look into the suggestions given by the petitioners and try to understand the same. We say so because once the rules are notified, it should not happen later that some shortcomings are highlighted in the same.”

The Court also directed the Union to consult domain experts and ensure that all deficiencies are removed so that the norms are as impactful.

Bajaj also pointed out that while Section 89 of the RPWD Act provides for punishment on contravention of the Act, there is presently no mechanism prescribed for recovery of the fine imposed. The Court asked the Union to look into the issue while finalising the rules and ensure that an appropriate mechanism for recovery of fines is provided.

While the bench directed the appointment of Commissioners and Additional Commissioners within four weeks, it stated that the entire rule-making exercise be completed within six months.

Case Title: Rajive Raturi v Union of India and connected matters (Diary Number 9321/2005)