Supreme Court Directs NLU Delhi To Assess Union's Compliance With Rights Of Persons With Disabilities Act
The Supreme Court recently tasked the National Law University, Delhi with the assessment of Union of India's compliance with the provisions of Rights of Persons with Disabilities Act, 2016.
Notably, the Court had earlier directed 8 NLUs to undertake nationwide assessment of care institutions housing persons with cognitive disabilities as well as compliance with the Act. This project was titled Project Ability Empowerment.
Recently, taking note of appointment of Nodal Officers by States/UTs, it directed that the compliance with the 2016 Act across the country be assessed by the 8 NLUs, with NLU Delhi extending its assessment to the Union of India.
"It is further directed that National Law University, Delhi shall undertake the exercise of mapping the extent of compliance with the provisions of the Rights of Persons with Disabilities Act, 2016 achieved by the Union of India. For the purpose of ensuring effective coordination and meaningful engagement, the Secretary, Department of Social Justice and Empowerment, Union of India, shall depute an officer not below the rank of Joint Secretary to participate in the meetings to be convened by National Law University, Delhi in relation to the directions issued by this Court in the present order,"
"Such monitoring shall not be merely formal but must involve a substantive evaluation of compliance with statutory mandates, including the creation of requisite institutional mechanisms, enforcement of rights, and accessibility measures", the Court said.
A bench of Justices Vikram Nath and Sandeep Mehta passed the order, observing that despite a lapse of 8 years since enactment of RPwD Act, 2016, the compliance by States/UTs has remained "elusive".
In this case, the Court had also previously expressed concerns over the denial of general category seats to persons with disabilities who score higher than the cut-off marks for the unreserved category. In the recent hearing, noting that the Union Government had already issued executive instructions to ensure appointment and promotion of PwBDs on their own merit, the Court directed that the policy be adhered to by States/UTs in letter and spirit.
Senior Advocate Colin Gonsalves appeared for the petitioner.
Case Title: JUSTICE SUNANDA BHANDARE FOUNDATION Versus U.O.I. AND ORS., W.P.(C) No. 116/1998
Citation : 2026 LiveLaw (SC) 464