Karnataka High Court Asks State To File Comprehensive Report On Implementation Of Rights Of Persons With Disabilities Act, 2016

The Karnataka High Court on Friday directed the State government to file, within six weeks, a comprehensive report setting out the status of implementation of various provisions of the Rights of Persons With Disabilities Act, 2016.

A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha issued notice on a plea alleging non-compliance with the mandate of Sections 17, 24, 34, 35, 37, and 88 of the RPwD Act.

"Notice issued to the respondents. The respondents shall file a comprehensive status report within a period of six weeks setting out the status of implementation of the aforementioned provisions of the said Act,” it ordered.

As per Section 17 of the Act, the appropriate Government shall take measures to ensure that the educational institutions funded by them provide inclusive education to all children with disabilities. For this, the government shall conduct surveys in every five years, establish adequate number of teacher training institution, train and employ teachers, train professionals and staff to support inclusive education at all levels, establish adequate number of resource centres to support educational institution, promote use of appropriate augmentative and alternative modes, make modifications in curriculum, provide books, scholarships etc.

As per Section 24 of the Act, the government shall formulate necessary schemes and programmes to safeguard and promote the right of persons with disabilities for adequate standard of living enabling them to live independently or in the community.

As per Section 34, the Government shall provide reservation in every Government establishment, not less than 4% of the total number of vacancies, of which 1% each was to be reserved for persons with benchmark disabilities in the nature of blindness/low vision, deaf and hard of hearing, locomotor disability and 1% was to be reserved for persons with autism, intellectual disabilities, specific learning disability, mental illness or multiple disabilities.

As per Section 35, the government and local authorities shall provide incentives to the employers in the private sector to ensure that at least 5% of their workforce is composed of persons with benchmark disability.

As per Section 37, the government shall bring in schemes for persons with disabilities to ensure that they get 5% reservation in the allotment of agricultural land, 5% reservation in all poverty alleviation and developmental schemes and 5% reservation in allotment of land at a concessional rate, where land is used for promoting housing, shelter etc.

Lastly, as per Section 88, the state shall create a state fund for persons with disabilities.

The plea seeks directions to set up additional special schools and institutions and to ensure that the infrastructure in all schools is accessible to persons with disabilities.The plea also sought to ensure that the teachers educating persons with disabilities are registered under the Rehabilitation Council of India Act, 1992 and to institute additional teacher training institutes for the same. The plea also sought to establish special training centres to promote vocational training for persons with disabilities.

The plea also seeks to increase the pension provided to persons with disabilities, to Rs. 10,000 or any other higher amount as may be determined by the Court. Among other things, the plea also sought for free bus travel for persons with disabilities, increase in budgetary amount for purchase/support of assistive technology tools under the Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP) scheme, and for issuance of a Unique Disability Identity (UDID) card to all eligible.

The plea thus seeks directions to the State Government to effectively implement the provisions of the Act, in letter and spirit. It was argued that implementation of the above provisions was essential to uphold the constitutional commitment to equality, dignity, and welfare of all citizens, including persons with disabilities.

Advocate Pradeep Nayak, appearing for the petitioner, argued that the State was not taking steps to effectively implement the provisions of the Act for the welfare of persons with disabilities. The court ordered notice to the state and asked the state to file a comprehensive status report.

The matter will be next heard on February 4, 2026.

Case Title: Y Karthik & Others AND State Of Karnataka & ANR

Case No: WP 31285/2025.