The Supreme Court of India on Wednesday issued a strict four-week deadline to eleven states and union territories, as well as the central government, to fill vacant statutory posts dedicated to overseeing disability rights. The top court also directed federal authorities to rigorously evaluate feedback from technical experts and litigants before finalizing mandatory accessibility standards for public spaces.
A division bench comprising Justices J.B. Pardiwala and K.V. Viswanathan issued the directives during a hearing on a public interest litigation filed by disability rights activist Rajive Raturi. The bench warned that any failure to meet the four-week timeline for official appointments would be viewed with utmost seriousness.
Mandatory Statutory Appointments
Addressing widespread non-compliance across the country, the court ordered eleven states and union territories to appoint dedicated State Commissioners under Section 79 of the Rights of Persons with Disabilities Act, 2016. Regions cited for failing to make these required appointments include Delhi, Haryana, Rajasthan, Himachal Pradesh, Karnataka, Tamil Nadu, and the Andaman and Nicobar Islands. The bench emphasized that regional administrations must not show laxity in establishing these monitoring authorities.
Simultaneously, the bench voiced strong criticism over the federal government’s delay in appointing a permanent Chief Commissioner for Persons with Disabilities. The court mandated that the Centre appoint a full-time Chief Commissioner alongside two assisting commissioners, as prescribed by law, within the same four-week window. Both federal and state authorities were instructed to file affidavits confirming full compliance.
Refining National Accessibility Standards
Regarding physical and digital infrastructure, the bench instructed Additional Solicitor General Aishwarya Bhati, representing the central government, to comprehensively examine all suggestions submitted by experts and litigants. The court noted that reviewing these inputs prior to publishing the final draft rules in the official gazette is essential to eliminate technical loopholes and ensure effective implementation.
Under Section 40 of the 2016 Act, the central government is required to formulate legally enforceable accessibility standards across rural and urban environments. These standards cover public buildings, public transit systems, information technologies, and essential community services.
Background and Legal Context
The current proceedings stem from slow progress following an earlier landmark ruling on December 15, 2017. In a follow-up directive on November 8, 2024, the Supreme Court instructed the central government to implement compulsory accessibility norms within three months, criticizing previous regulations for relying on voluntary guidelines and self-regulation rather than enforceable legal mandates.
The court reiterated that ensuring meaningful access requires a dual strategy: retrofitting existing public structures and mandating inclusive design for all new construction projects. To enforce compliance, proposed regulatory mechanisms include withholding building completion certificates and penalizing violators with monetary fines.
The Center for Disability Studies at NALSAR University of Law in Hyderabad has been assigned to assist the government in drafting these standards. The Supreme Court has scheduled the next hearing for January to review the compliance reports submitted by the Centre and state governments.
